1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.907/08 Hasti Mal Chhajer vs. Smt. Satish Sharma & Anr. Date of order : 4/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Hasti Mal Chhajer-petitioner present in person. The petitioner has filed this writ petition against the judgment dated 14.12.2007 passed by Additional Chief Judicial Magistrate, Jaipur City, Jaipur whereby he was convicted for offence u/s 138 of the Negotiable Instruments Act, 1881 and awarded sentence of six months with fine of the difference amount. Petitioner who has appeared in person and has argued that the learned trial court has erred in law in convicting the petitioner in aforesaid complaint case because a consolidated suit was filed by the respondent no.1 in relation to the same dispute in which he lost. The judgment in the civil suit was rendered prior to the judgment passed by the Criminal Court. The petitioner therefore argued that this being 2 a special feature of this case, a writ of certiorari would be maintainable against the judgment of conviction, notwithstanding availability of remedy of appeal. Having heard the petitioner in person and perused the impugned order, I do not deem it appropriate to directly entertain the writ petition against the order of conviction in which case, the petitioner has remedy of appeal under the provisions of Cr.P.C. The writ petition is therefore dismissed as not maintainable. (MOHAMMAD RAFIQ), J. RS/