[2025:RJ-JP:41061] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4699/2019 M/s Prakash Fruit Company Nagar, Aged About 43 Years, District Bharatpur, Single Proprietor Prakash Chand, Aged About 43 Years, S/o Ramkhiladi, R/o Chamad Mohalla, House No.81, Town Nagar, Tehsil Nagar, District Bharatpur. ----Petitioner Versus Punjab National Bank, Branch Nagar District Bharatpur, Through Presently Branch Manager Jaswant Kumar Nainpuriya. ----Respondent For Petitioner(s) : Mr. Anurag Chouhan with Ms. Shweta Saini for Mr. Mukesh Pal Jadoun For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 09/10/2025 1. In the instant criminal miscellaneous petition, the petitioner has challenged order dated 02.03.2019 passed by the Additional Chief Judicial Magistrate No.1, Nagar District Bharatpur in Criminal Complaint No.82/19, whereby cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881 has been taken, and process have been issued against the petitioner. 2. Learned Public Prosecutor at the threshold raised a preliminary objection that order of taking cognizance is a final order against which, revision petition under Section 397 Cr.P.C. was maintainable; however, bypassing the alternative remedy, the petitioner has directly approached this Court by way of filing criminal misc. petition under Section 482 Cr.P.C., which is not [2025:RJ-JP:41061] (2 of 2) [CRLMP-4699/2019] maintainable. He has also objected that after order dated 02.03.2019, since there was no stay in the instant criminal misc. petition, hence, the trial must have proceeded further substantially. 3. Heard and considered. 4. Perused the criminal misc. petition also. However, any comments over the points raised by the petitioner, which are otherwise liable to be proved through evidence, would adversely affect the trial before the trial Court, hence, this Court restrains itself from making any comments over the merits of the case. 5. No justification whatsoever has been given by the petitioner for not approaching the Court of Sessions Judge for filing revision petition under Section 397 Cr.P.C. A remedy under Section 482 Cr.P.C. is an extra remedy and can be availed only under circumstances, where there is no provision even under the Code for remedying the grievances of the concerned person. 6. In view of above, the instant criminal misc. petition is hereby dismissed. (ANAND SHARMA),J DIVYA /4