{1} SB CRIM MISC. PET. 26/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 26/2009 RAJIV Vs. BHAIYA LAL JAIN Date: 04.11.2009 HON'BLE MR. JUSTICE K.S. RATHORE Mr. D.K. Garg, Advocate for the petitioner. **** 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. 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 22.09.2008. Therefore, the present criminal misc. petition under Section 482 Cr.P.C. is preferred by the petitioner against the order dated 18.12.2006 passed by the trial Court and the order dated {2} SB CRIM MISC. PET. 26/2009 22.09.2008 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. It is submitted that without considering these submissions, the Revisional Court has dismissed the revision petition of the petitioner taking a wrong plea which was never taken by the petitioner that the signature of the petitioner was taken forcibly and fraudulently. I have heard learned counsel for the petitioner and carefully gone through the order impugned dated 18.12.2006 passed by the trial Court, which has been upheld by the Revisional Court vide order dated 22.09.2008. Upon careful perusal of both the orders impugned passed by the trial Court and the Revisional Court, this Court find no illegality or error apparent on the face of the record which require any interference whatsoever by this Court while exercising extraordinary powers vested under Section 482 Cr.P.C. {3} SB CRIM MISC. PET. 26/2009 Consequently, the criminal misc. petition fails being devoid of merit and the same is hereby dismissed. Stay application also stands dismissed. (K.S. RATHORE),J. /KKC/