Honble GUPTA, J.–The revision petition is directed against the order dt. 22.10.97 passed in an appeal against conviction, whereby the Addl. Sessions Judge rejected the application of the petitioner under Section 391 Cr.P.C. On 25.1.99 the petitioner filed an application for treating the revision petition as misc. petition which was allowed.

(2). The relevant facts of the case are these. Jugal Kishore had issued a cheque for Rs. 71,000/- on 7.4.91 drawn on Punjab National Bank, Udaipur in favour of the complainant-non- petitioner Roshan Lal for repaying the debt. Roshan Lal presented the cheque to the Bank but it was dishonoured. The cheque was again presented but again it was dishonoured. Jugal Kishore after giving notice to the petitioner filed a complaint under Section 138 of the Indian Negotiable Instrument Act. After the trial was held, petitioner Jugal Kishore was convicted by the Magistrate vide judgment dt. 4.8.94. He preferred an appeal against the said judgment to the court of Sessions which was transferred to the Additional Sessions Judge No.3, Udaipur. There the petitioner made an application under Section 391 Cr.P.C. pray- ing that the petitioner be allowed to file seven

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