ORDER :

Chandra Kumar Songara, J.

Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accused-petitioner against the order dated 28.06.2018 passed by the Court of Rent Appellate Tribunal, Jaipur Metropolitan (Additional Sessions Judge (Summer Vacation) (herein-after referred to as 'the Revisional Court'), in Criminal Revision Petition No.22/2018, whereby while partly allowing the revision petition, directed the petitioner to pay the exorbitant interest @ 18% per annum from the date of cheque till the date of payment and imposed the costs of Rs.50,000/-, and the order dated 06.12.2017 passed by the Court of Special Metropolitan Magistrate (N.I. Act Caes) No.13, Jaipur Metropolitan (herein-after referred to as 'the trial Court'), dismissing the application filed by the petitioner to drop the proceedings, was partly set aside.

2. Relevant facts, in brief, of the present case are that on 09.11.2016 the complainant-respondent No.2 filed a criminal complaint (Annexure-1) against the petitioner for commission of offence punishable under section 138 of the Negotiable Instruments Act, 1881 alleging therein that a share purchase agreement dated 10.11.2015 was executed between the parties. The petitioner issued two cheques i.e. No.000026 dt.16.06.2016 amounting to Rs.65,00,000/- and No.000029 dt.30.06.2016 amounting to Rs.59,02,144/- of the Bank of Baroda, Bandra (West) Bandra, which on presentation were returned due to insufficient funds on 26.08.2016. A legal notice dated 23.09.2016 was sent to the petitioner and despite receipt thereof on 28.09.2016 the amount was not paid within the period of fifteen-days expiring on 12.10.2016. Upon criminal proceedings being initiated by the complainant, the amount of aforesaid cheques in total Rs.1,24,02,144/- was deposited in the bank account of the complainant on dated 03.11.2016, after the expiry of prescribed period.

3. The learned trial Court, vide its order dated 12.01.2017 (Annexure-2) took cognizance against the petitioner. After service, the petitioner appeared before learned trial Court and moved an application (Annexure-3) to drop the proceedings on the ground that the amount of Rs.1,24,02,144/- in relation to cheques-in-question has already been transferred in the bank account of the complainant on 02.11.2016.

4. The complainant filed reply to the application (Annexure-4) stating therein that as per Condition No.7 of share purchase agreement dated 10.11.2015, the petitioner is required to pay interest @ 27% per annum for the delayed payment and as per Condition No.8, the petitioner has agreed to get the personal guarantee of the complainant released from the bank within eight months of agreement or else to pay interest @ 9% per annum for six months of delay & after that 18% per annum.

5. The learned trial Court, after hearing the parties vide its order dated 06.12.2017 (Annexure-5), dismissed the application of the petitioner on the ground that if the proceedings against him are dropped, it will amount to review of an order. The petitioner preferred a revision petition against the order dated 06.12.2017. The learned Revisional Court, after hearing the parties vide its order dated 28.06.2018, partly allowed the revision petition & observed that the amount of cheque was paid to the complainant on 02.11.2016 i.e. prior to date of complaint 09.11.2016 and refused to drop the proceedings against the petitioner. Hence, this petition.

6. Learned counsel appearing for the accused-petitioner has submitted that the impugned order dated 28.06.2018 (Annexure-6) passed by learned Revisio