Hon'ble MEHTA, J.—The instant misc. petition has been preferred by the petitioner challenging the order dated 18.12.2008 passed by the learned Sessions Judge, Sirohi in Cr. Revision No.45/08, whereby the orders dated 7.5.2007 and 7.8.2007 passed by learned Chief Judicial Magistrate, Sirohi in Cr.Original Case No.189/07, taking cognizance and reading out the accusation of the offence under Section 138 of the Negotiable Instruments Act to the petitioner, have been upheld.

2. The present misc. petition has been preferred by the accused petitioner seeking quashing of the order taking cognizance as well as for complaint filed against the petitioner for the offence under Section 138 of the Negotiable Instruments Act.

3. The respondent No.2 filed a complaint against the petitioner for the aforesaid offence in the Court of learned Chief Judicial Magistrate, Sirohi with the allegation that the petitioner had given a cheque of Rs.22,300/- drawn on the Bank of Rajasthan, Sirohi to the complainant against a legally enforceable debt. It was stated that when the cheque was presented for payment by the complainant in his bank, the same was returned with the endorsement of 'stop payment' on the basi

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