Cr Msc 74/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Cr. Msc. Petition No.74/2008 Deepak Sharma Versus State & Anr. Date of Order ::: 17/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Tanvir Ahmed, for petitioner Mr. Arun Sharma, Public Prosecutor Instant petition U/s 482 CrPC has been filed assailing order dt.29/11/99 of ACJM (Communal Riots cases) Kota in Cr.Case No.626/04 whereby cognizance of offence U/s 138 of Negotiable Instruments Act has been taken. Only grievance raised by petitioner in instant petition having been filed after almost seven years of the order taking cognizance is that notice as pre-requisite condition has not been served upon petitioner – in absence whereof, very order taking cognizance is not legal and within scope of Section 138 of the Act. A perusal of para 6 of the complaint placed on record, clearly demonstrates of notice being sent by complainant through registered post; as such no adverse inference at this stage can be drawn. This Court has gone through the order impugned and finds no infirmity which may call for interference. Consequently, misc. petition is hereby dismissed alongwith stay petition. (Ajay Rastogi), J. K.Khatri/p.1/74CrMscP08cog138.doc