HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6162/2019 1. M/s Sarwan Service Center Gajipur, Toda Bheem Road, Toda Bheem, Tehsil Toda Bheem, Through Its Proprietor Hari Singh Sarwan S/o Mitthu Lal, R/o Jawahar Colony, Ramgarh Road, Mahuwa, District Dausa, Raj. 2. Hari Singh Sarwan S/o Mitthu Lal, R/o Balahedi, At Present R/o Jawahar Colony, Ramgarh Road, Mahuwa, District Dausa, Raj., Proprietor M/s Sarwan Service Center Gajipur, Toda Bheem Road, Toda Bheem, Tehsil Toda Bheem, District Karauli, Raj. ----Petitioners Versus Mohan Lal Harijan S/o Babu Lal, R/o Kund Mohalla, Mahuwa, District Dausa, Raj. ----Respondent For Petitioner(s) : None present For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 28/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 07.01.2017 passed by the Court of Additional Chief Judicial Magistrate, Mahuwa, District Dausa by which the cognizance has been taken against the petitioner under Section 138 of the Negotiable Instruments Act. 2. Aggrieved by the aforesaid, the petitioner submitted a revision petition before the Court of the Additional Sessions Judge No.1, Bandikui, District Dausa, i.e., the Revisional Court, however, the same was also rejected vide order dated 03.08.2019. (2 of 2) [CRLMP-6162/2019] 3. It has been pleaded in the instant petition that at the time of taking cognizance, the procedure has not been adopted as per law. 4. Perusal of the impugned order indicates that a cheque was issued by the accused-petitioners to the complainant and when the said cheque was presented by him to the bank, the same was dishonoured and when a notice was issued to the accused, he failed to repay the amount, hence, a complaint under Section 138 of the Negotiable Instruments Act was submitted and accordingly, the cognizance has been taken. 5. In the considered opinion of this Court, the procedure prescribed under the Negotiable Instruments Act has been duly followed by the complainant before filing the said complaint and the same has been taken into consideration by the Courts below at the time of taking cognizance, hence, the order impugned passed by both the Courts below do not suffer any infirmity, which requires any interference of this Court. 6. Accordingly, the instant petition stands rejected. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Aayush Sharma /54