JUDGMENT 1. - Heard. 2. None appeared for respondents Nos. 1 and 2 despite service. 3. In this case the learned Magistrate discharged respondent Nos. 1 and 2 of the offence Under section 138 of the Negotiable Instruments Act on the ground that since the trial in the case could not be commenced for sufficiently long time, the case was liable to be dismissed in view of the decision of the Apex Court in the case of Common Cause, A Registered Society v. U.O.I. ( 1996 (4) SCC 33 ) . 4. The decision of the Supreme Court referred to above, was re-considered by their Lordships in the case of Common Cause, A Registered Society v. U.O.I. ( 1996 (6) SCC 775 ) and in paragraph (3) of the report it was stated that directions, contained in para Nos. 1 and 2 of their Lordships earlier judgment, shall not apply to offences, inter alia, punishable Under section 138 of the Negotiable Instruments Act. 5. In view of the later decision of their Lordships, the impugned order is liable to be vacated and is accordingly set aside. 6. In the result, this petition is allowed and the case is sent back to the learned trial Magistrate with a direction to proceed further in the matter and dispose of the case according to law.> Petition allowed. *******