RAJIV Vs. BHAIYA LAL JAIN

JUDGEMENT

(1.) However, the matter has come up on the stay application, but, at the request of the learned counsel for the petitioner, the criminal misc. petition is heard finally at this stage.

(2.) Brief facts of the case are that the complainant-respondent lodged a criminal complaint against the accused-petitioner under Section 138 of the Negotiable Instruments Act (for short 'the Act'). The Court below took cognizance under Section 138 of the Act against the petitioner vide order dated 18.12.2006. Aggrieved and dissatisfied with the order of the trial Court, the petitioner filed a criminal revision i.e. Criminal Revision No. 81/2008 before the Sessions Judge, Dholpur but the same has been dismissed by the Revisional Court vide its order dated 22.9.2008.

(3.) Therefore, the present criminal misc. petition under Section 482 Criminal Procedure Code is preferred by the petitioner against the order dated 18.12.2006 passed by the trial Court and the order dated 22.9.2008 passed by the Revisional Court on the ground that the Revisional Court has seriously erred in dismissing the revision petition filed by the petitioner, wherein the petitioner had taken the ground that the signed cheques belonging to him were stolen by complainant Bhaiya Lal from the office of the petitioner and the same were presented before the Bank concerned and on returning of the same, a complaint was filed after serving notice for demand of justice.