Gopal Krishan Vyas, J.-By way of this criminal misc. petition under Section 482, CrPC., the petitioner has challenged the order dated 15.03.2004 passed by Additional Chief Judicial Magistrate, Didwana (Nagaur) in NIA Case No. 61-A/2004 as well as the order dated 16.09.2005 passed by Additional Sessions Judge, Didwana in Revision Petition No. 09/2005.

2. It is contended by the Counsel for the petitioner that the learned trial Court has taken cognizance against the petitioner without considering the fact as well as the position of law. The allegations for issuing cheques is upon Sadul Singh and not upon the petitioner. In the complaint filed by the complainant Prema Ram, statement under Sections 200 and 202, CrPC were recorded and upon perusal of the complaint as well as statement, cognizance was taken against the petitioner and other accused. It is further contended that a bare perusal of the complaint and the statement shows that there is no allegation against the petitioner, therefore, in accordance with Section 138 of the Negotiable Instruments Act, the cognizance taken against the petitioner is illegal and there is no evidence against the petitioner for committing offen