ORDER :

1. Instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 17.09.2022 passed by learned Additional Sessions Judge No.2, Chittorgarh whereby, the learned Additional Sessions Judge upheld the order dated 04.10.2021 passed by Special Judicial Magistrate (NI Act Cases) by which learned Magistrate took cognizance under Section 138 of N.I. Act against the petitioner so also the administrative order dated 22.04.2022 passed by District and Sessions Judge, Chittorgarh transferring the complaint case to the court of Additional Chief Judicial Magistrate No.2, Chittorgarh.

2. Brief facts of the case are that the complainant/respondent no.2 filed a criminal complaint on 04.01.2021 against the petitioner for offence under Section 138 of N.I. Act before the learned Special Judge (N.I. Act Cases), Chittorgarh stating therein that since the petitioner was in dire need of money, the complainant extended a loan of Rs. 5,00,000/-and in lieu of repayment of loan, the petitioner gave a cheque in the sum of Rs. 5,00,000/-dated 25.12.2020 drawn on State Bank of India Branch, Chittorgarh. It was alleged that when the complainant presented the said che