B. P. DAS, J.

( 1 ) THIS application under Sec. 482, Cr. P. C. is directed against an order dated 30/6/2000 passed by the learned J. M. F. C. (R), Cuttack in I. C. C. No. 24 of 1999 with a prayer to recall the order of taking cognizance in the said complaint case.

( 2 ) THE fact giving rise to this revision application as narrated tends to reveal that the opposite party instituted a complaint case which was registered as I. C. C. No. 10 of 1998 against the present petitioners for the offence under Sec. 138 of the Negotiable Instruments Act and in the said case cognizance of the aforesaid offence was taken by the order of the learned Magistrate dated 20/2/1998. But the same was dismissed on 17/4/1999 under Sec. 204 (4), Cr. P. C. as the complainant was absent and failed to file fresh requisites. Thereafter another complaint was filed on 7/5/1999 on the self-same allegation and basing upon the same dishonoured cheque, which was registered as I. C. C. No. 24 of 1999 and cognizance was taken under Sec. 138 of the Negotiable Instruments Act. As it appears from the narration made in the complaint petition that the present petitioners issued a cheque on 6/9/1997 for an amount of Rs. 77,