ARVIND SINGH Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) This Misc. Petition under Sec. 482 Crimial P.C. has been filed against the order dated 7.7.2012 passed by Additional Civil Judge (Junior Division), Metropolitan Magistrate No. 22, Jaipur Metropolitan in Case No. 900/2011 whereby application of the present petitioner for rejecting the complaint under Sec. 138 has been rejected and revision has also been dismissed by the impugned order.

(2.) The relevant facts of the case are that respondent No.2 filed a complaint under Sec. 138 of the Negotiable Instruments Act (in short NI Act) on which cognizance has been taken vide order dated 3.1.2011. Thereafter, petitioner filed an application on 21.7.2011 for rejecting the complaint which was rejected and revision against it has also been dismissed, hence this petition.

(3.) The contention of the present petitioner is that no case is made out for taking cognizance under Sec. 138 NI Act, hence the petition be allowed. Per contra, the contention of the Public Prosecutor is that the court below was not having any jurisdiction to recall his earlier order dated 3.1.2011 and order is in accordance with law.