1. This Criminal Revision is directed against the order dated 4th July, 2012, passed by the learned Sub Judge, (Judge, Small Causes Court), Srinagar, in a complaint titled Mst. Rifat Farooq v. Sheikh Mohammad Amin, on the grounds taken in the memo of Revision petition.

2. A complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘Act’) was presented before the Court of learned Chief Judicial Magistrate, Srinagar, which was assigned and transferred to earned City Judge, Srinagar, on 20.11.2008, and, subsequently, transferred to the Court of Judge, Small Causes, Srinagar, in terms of the order passed by the Chief Judicial Magistrate, Srinagar, on 20.10.2009.

3. The record reveals that the learned Magistrate, after recording statements of the complainant and a witness produced by him, took cognizance of the complaint and issued process against the accused for the commission of offence under Section 138 of the Act. During the pendency of the complaint, the accused appeared on 29.11.2008, and laid an application for revocation of order dated 22.11.2008, which was considered and dismissed on merits by the court vide order dated 05.05.2009. The petitioner, accused, in

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