H.R. Panwar, J.-By this criminal revision petition under Section 397 read with Section 401, CrPC, the petitioner has challenged the order dated 211.2003 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 complaint under Section 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 11.09.2001 against the non-petitioner for the offence under Section 138 of the Act. The statement of complainant was recorded and thereafter the trial Court took cognizance of the offence on 19.09.2001 and issued the process against non-petitioner. The non-petitioner appeared before the Court on 25.07.2002. The arguments on charges were heard by the trial Court on 210.2002. However, till 01.07.2003, the trial Court could not frame the charge and ultimately on 02.07.2003, the trial Court fr