JUDGMENT Rohit B. Deo, J. - Heard. 2. The applicant is arraigned as accused 5 in Summary Criminal Case 14285/2021 and is aggrieved by the order dated 28.9.2021, whereby the learned 3rd Joint Civil Judge Senior Division & Additional Chief Judicial Magistrate, Nagpur issued process for offence punishable under section 138 of the Negotiable Instruments Act. 3. The submission is that the process is issued without application of mind. 4. The submission is predicated on the assertion that the entire transaction was between complainant and the co-accused. It is the co-accused, which was a contractor to whom the applicant entrusted the civil construction work, who had issued the cheque to the complainant, which allegedly was not honoured. 5. I have perused the averments in the complaint and the verification affidavit. The submission that the learned Magistrate has not applied mind to the averments, is prima facie justified. The complaint does not refer to any role played by the applicant. In the verification statement, what is alleged is that it was the applicant which took the delivery of the goods. 6. Issue notice for final disposal, returnable on 14.2.2022. 7. In the interregnum, there shall be ad-interim relief in terms of prayer clause 4, as regards the applicant accused 5.