H.R. Panwar, J.—By the instant criminal misc. petition under Section 482 Cr.P.C., the order dated 11.5.2009 passed by Additional Sessions Judge, Anupgarh (for short ‘the revisional Court’ hereinafter) inn Criminal Revision No.57 of 2008 has been challenged by the petitioner whereby the Revisional Court dismissed the revision petition filed by the petitioner against the order dated 17.9.2007 passed by Judicial Magistrate, Anupgarh (for short ‘the Trial Court’ hereinafter) in Criminal Complaint Case No.628 of 2007 taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act’ hereinafter).

2. I have heard learned counsel for the parties. Carefully gone through the orders passed by both the Courts.

3. It is contended by learned counsel for the accused petitioner that the order taking cognizance dated 17.9.2007 is premature and therefore, the complaint and the proceeding thereunder under Section 138 of the Act are not maintainable.

4. Learned counsel appearing for the respondent No. 2 supported the orders impugned.

5. I have given my thoughtful consideration to the rival submissions made by learned counsel for the parties. I have ca