H.R. Panwar, J. : By this criminal revision petition under Sec. 397 read with Sec. 401 CrPC, the petitioner has challenged the order dated 22.11.2003 passed by Additional Civil (Sr. Div.) and Judicial Magistrate No. 2, Jodhpur on a complaint being complaint case No. 82/2003 filed by the petitioner complainant under Sec. 138 of the Negotiable Instrument Act, 1881 (for short, `the Act') was dismissed in default.

2. I have heard learned counsel for the petitioner and the counsel for the respondent. Perused the order impugned and material placed on record.

3. Briefly stated facts relevant and necessary for decision of the revision petition are that a complaint was filed by the petitioner on 11.9.2001 against the non-petitioner for the offence under Sec. 138 of the Act. The statement of complainant was recorded and thereafter the Trial Court took cognizance of the offence on 19.9.2001 and issued the process against non- petitioner. The non-petitioner appeared before the Court on 25.7.2002. The arguments on charges were heard by the Trial Court on 22.10.2002. However, till 1.7.2003, the Trial Court could not frame the charge and ultimately on 2.7.2003, the Trial Court framed the