ORDER :

1. Application for early listing is allowed.

2. With the consent of the counsel for the parties, the matter is taken up for final disposal at this stage.

3. Petitioner has preferred this misc. petition aggrieved by order dated 04.07.2018 passed by Special Metropolitan Magistrate (NI Act Cases) No.15, Jaipur Metropolitan, Jaipur, whereby application filed by the petitioner under Section 243(2) Cr.P.C. was rejected.

4. It is contended by counsel for the petitioner that the cheque dishonour complaint was filed by the complainant alleging that a sum of Rs.40 lac was advanced to the petitioner. It is also contended that the complainant runs a dairy and general store. There was no reason for him to advance a sum of Rs.40 lac. It is also contended that the cheque was given for some compromise between the son of the accused and brother and father of the complainant which has been misused by the complainant. It is also contended that the complainant in his cross-examination has mentioned that he has given Rs.10 lac from his personal savings, Rs.10 lac from his in-laws and remaining Rs.20 lac has been borrowed from his uncle Jagdish.

5. It is also contended that petitioner moved an applic