B.D. Rathi, J.—As the grievance raised in the aforesaid two petitions is identical and same, heard together and disposed of by this common order.

2. Both the aforesaid petitions have been preferred by the petitioners/accused under Section 482 of Cr.P.C. having been aggrieved by an order dated 26/3/2008 passed in Criminal Case No.4233/06 by the Chief Judicial Magistrate, Morena as well as the order dated 3/7/2001 passed by the Sessions Judge, Morena in Criminal Revision No.98/01 while rejecting the order passed by C.J.M., Morena and remanding the matter back to the Magisterial court with a direction to register a case on private compliant of the respondent/complainant for offence under section 138 of the Negotiable Instruments Act (for short “NI Act”)

3. For facility of reference, facts are being taken from Criminal Case No.4233/2006 (Ramesh Chand Vs. Sandeep Shrivastava), registered on private complaint.

4. As per the case of the complainant, on 1/6/2000 Sandeep Shrivasvata (petitioner of Misc. Cri.C.No.6686/2008), who is brother of Kuldeep Shrivastava, took a four wheeler vehicle of Tata having registration No. 407 MP06/E0798 on hire from the complainant for a period of six m