@ HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP 2/2011 f Ravishankar Gupta, aged 52 years, S/o Lakhanlal Gupta, ‘R/o Gandhi Chowk Main ‘Road Korba, Police Statior’rCity Kotwali Korba, District PETITIONER/ACCUSED ‘ Korba (C.G.). VERSUS REPONDENT / NON- I.C.I.C.I Bank Limited Sangrahan ”\a: L APPLICANT ’ Prabandhak through Navneet Shastri, Aged 32 years S/o B.N. Shastri Sangrahan Prabandhak, I.C.I.C.I. Bank Limited Vypar Vihar in front of Ashish Automobile, Tarbahar, Bilasur District Bilaspur (C.G.). PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE 1973 (SB :Hon’ble Mr. T.P.Sharma, J.) i Presentl— Shri S.V. Purohit, Advocate for the petitioner. Respondent not noticed. ORAL- ORDER (Passed on . 07/01/2011) Heard. 2. By this petition under Section 482 of the Code of triminal Procedure, 1973 ( in short ‘the Code’) petitioner has challenged the legality and propriety of the order dated 15/11/2010 passed by Sessions Judge, Bilaspur in criminal revision No. 106/ lO filed against the order dated 23/7/2010 passed by Judicial Magistrate First Class, Bilaspur (Smt. Sanjaya Ratre) in criminal case No. 66/2009 (New No. 703/09). During course of arguments, learned counsel for the petitioner submits that he seeks to Withdraw this petition with liberty to raise the grounds before the trial Court. By filing application for dismissal of complaint on the ground that notice as required under Section 138 of the Negotiable Instruments p T.P. Sharma Judge Act has not only received by the petitioner but has been returned to the complainant *before f11ing the complaint therefore, the complaint under Section 138 of the Negotiable Instruments Act is not maintainable. 5. Consequently, petition is dismissed as withdrawn with aforesaid liberty. \\M’ f 6. I.A. No. 01 is also dismissed. f ( Vt. Sd/—