[2025:RJ-JP:38564] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5592/2025 Neeta Saha W/o Anil Kuumar Saha, Aged About 62 Years, R/o G- 22, Sector 27, Noida , Uttar Pradesh. 201301. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Brijender Singh S/o Shree Ram Swaroop, Aged About 49 Years, R/o House No. 322/56, Shastri Nagar, Near Anand Mahila B.ed. College, Bharatpur, Rajasthan- 321001. ----Respondents For Petitioner(s) : Mr. James Bedi For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 19/09/2025 1. Accused-petitioner has assailed the order of cognizance dated 12.01.2021 passed by Chief Judicial Magistrate, Bharatpur in Criminal Case No.222/2021 taking cognizance for offence under Section 138 of NI Act. 2. Undisputedly, that after service of notice upon the petitioner, he has put in appearance in criminal case on 06.07.2020 and despite having remedy to impugn the order of cognizance by way of filing revision petition before Court of Sessions, such remedy has not been availed, instead petitioner has invoked the inherent jurisdiction of High Court under Section 528 BNSS, 2023, by filing instant petition on 29.08.2025 without explaining the delay in filing the petition. [2025:RJ-JP:38564] (2 of 2) [CRLMP-5592/2025] 3. In view of above, this Court is not inclined to entertain this petition on merits, to assail the impugned order since petitioner did not assail the statutory remedy of filing revision and abandoned his right consciously. 4. Accordingly, the instant petition is dismissed. 5. The objection of counsel for petitioner that complainant has not impleaded M/s ABET Buildcon Pvt. Ltd. as an accused in the complaint, hence, complaint is not maintainable. In that respect it is hereby observed that it is open for petitioner, to raise objection in respect of non-maintainability of the complaint before the trial Court itself. (SUDESH BANSAL),J RONAK JAIMAN/21