Honble GARG, J.–Heard at admission stage.

(2). By this judgment, the abovementioned both the criminal revision petitions are being decided as in both of them, the law point involved is the same.

Facts of Criminal Revision Petition No. 15/2002

(3). This Criminal Revision Petition has been filed by the accused petitioner against the order dated 18.8.2001 passed by the learned Additional Chief Judicial Magistrate No. 2, Jodhpur in Criminal Case NO. 303/99 by which the learned Magistrate dismissed the application filed by the accused petitioner under Section 468 Cr.P.C.

(4). It arises in the following circumstances:

i) The respondent-complainant filed a complaint on 23.5.98 against the accused petitioner for committing the offence under Section 138 of the Negotiable Instrument act alleging that the accused petitioner purchased lubricant oil from the complainant - respondent and for making payment of that, a cheque No. 232348 dated 25.9.97 was issued by the accused petitioner in favour of the complainant respondent and that cheque was deposited by the respondent-complainant in the bank on 24.3.98, but it was dishonoured. When the cheque was dishonoured, the Bank informed the complainant abou

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