// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Criminal Misc. Petition No.722/2009 With S.B. Cr. Misc. Stay Application No.1050/2009 {Ram Ratan Chipa Vs. Fultron India Credit Limited} Date of Order :: 6th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Rakesh Matoria, Counsel for petitioner #### By the Court: This petition under Section 482 of the Code of Criminal Procedure (for short, 'CrPC') has been preferred against the impugned order dated 4th November, 2008 passed by the Additional Chief Judicial Magistrate, Kushalgarh, District Banswara, taking cognizance against the petitioner under Section 138 of the Negotiable Instrument Act. The order is revisable and, in these circumstances, the learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file revision petition before the revisional court with an application under Section 5 of the Limitation Act for condonation // 2 // of delay in filing thereof. The prayer appears to be reasonable, hence the same is allowed. Consequently this petition is dismissed as withdrawn with liberty, as prayed for. Consequent upon dismissal of the main petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (NARENDRA KUMAR JAIN), J. //Jaiman//