- (1.) Heard Sri Anil Kumar Mishra, learned counsel for the revisionist, Sri Surendra Tiwari, learned counsel for the opposite party no.2 and the learned A.G.A. for the State and perused the record. This criminal revision has been filed against the order dated 23.8.2014 passed by the learned Additional Chief Judicial Magistrate, Sonebhadra in Case No.1038 of 2014 (Anand Sagar v. Jagdish) by which the learned Magistrate has summoned the revisionist, Jagdish under Section 138 of the Negotiable Instruments Act, 1881 and directed the complainant, opposite party no.2, Anand Sagar to take steps within 10 days under Section 204 Cr.P.C.
(2.) Brief facts in narrow compass are narrated as follows:- Revisionist, is a registered contractor in the name and style of M/s J.K. Construction Company, Tilaulikalan, Police Station and Tehsil Robertsganj, District Sonebhadra. As per the complaint, a cheque bearing no.043055 was issued on 4.4.2014 in favour of opposite party no.2, Anand Sagar which was dishonoured by the drawee bank i.e. Bank of India, Mirzapur Branch, Wellesley Ganj, District Mirzapur.
(3.) Since, the blank cheque was missing, information in this regard was furnished by the revisionist to the bank on 4.4.2014 and thereafter, the concerned bank stopped the payment of the cheque. However, the concerned cheque was presented by the opposite party no.2 on 11.4.2014 before the concerned bank and the same was returned with remark "Payment stopped by the drawer".;