1. -By this petition, a challenge is made to the order dated 01.08.2009.

2. The case has chequered history inasmuch as on filing of complaint for offence under section 138 of Negotiable Instruments Act (for short "the Act"), the order of cognizance was passed taking into consideration affidavit filed by complainant. The revision petition was filed by accused to challenge the order of cognizance. It was precisely on the ground that a complaint filed under section 190 Cr.P.C. needs to be dealt with as per provisions of Cr.P.C. itself as provisions of Negotiable Instruments Act are not having over-riding effect. The order of cognizance could have been after recording statements of complainant under section 200 Cr.P.C.

3. In a petition filed by the non-petitioner earlier titled as Prakash Chand v. State of Rajasthan & Anr., S.B. Criminal Misc. Petition No. 1081/2009, decided on 22.07.2009 , a direction was given that as and when complaints are filed under section 138 of the Act, it should follow mandate of Section 200 Cr.P.C. In view of the above, order of cognizance should be passed after recording statements of complainant under section 200 Cr.P.C. After decision on criminal m