K.S. Rathore, J.-The petitioner preferred this revision petition under Section 397 of the Criminal Procedure Code, 1973, against the order dated September 11, 2001, passed by the learned Additional Chief Judicial Magistrate (Communal Riots) Mini Secretariat, Jaipur City, Jaipur in criminal complaint No. 401 of 2001 (Mrs. Renu Gupta vs. Rahul Bhatia). This revision petition comes up before this Court on October 1, 2001. This Court vide order dated October 1, 2001, on the request of learned Counsel for the petitioner, treated this revision petition as a criminal miscellaneous petition under Section 482 of the Criminal Procedure Code.

2. The brief facts of the case are that the petitioner was working as a sub-broker in the share market of Jaipur and was managing his own office in 218, Shop No. 5, Ramgali No. 1, Raja Park, Jaipur in the name and style of Vinayak Investments, Jaipur. The petitioner paid a sum of Rs. 62,000 by account payee cheques to the complainant against the amount due. Though the complainant admits the aforesaid amount which was paid through account payee cheques, it is not disclosed by the complainant in her statement on which date, she paid Rs. 1 lakh to