( 1 ) HARSUKHBHAI Lakshmanbhai, petitioner-original accused no. 2 has filed this Criminal Revision Application under Sec. 397 of the Code of Code of Criminal Procedure, 1973 (hereinafter referred to as the Code ). The petitioner has challenged the order dated 19th December, 2000, passed by the learned J. M. F. C. , Mansa, wherein the learned Magistrate was pleased to reject the application Exh. 97 in Criminal Case No. 392 of 1995, 428 of 1995 and 43 of 1996. The learned Magistrate rejected the said application of the accused wherein the accused has stated that he is not the drawer of the cheque as per the averments of the complaints and he may kindly be ordered to be acquitted of the charge of the offence alleged in the complaint.

( 2 ) THE facts giving rise to this application are as under :2. 1 That one Gandalal Revabhai Chowdhary-respondent No. 2 filed a criminal Case Nos. 392 of 1995, 428 of 1995 and 43 of 1996 against petitioner accused before the Court of learned J. M. F. C. , Mansa. In that case, offences punishable under Secs. 138 and 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) were alleged against the petitioner-accused.