H.R. Panwar, J. - (1.) By the instant revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short the Code' hereinafter), the petitioner has challenged the order dated 3.9.2001 passed by the Additional Sessions Judge, Anupgarh (for short the revisional Court' hereinafter) in Criminal Revision No. 9/2001 whereby the revisional court set aside the order dated 29.1.2001 passed by the Judicial Magistrate, Anupgarh (far short the trial Court' hereinafter) in Cr. Misc. Case No. 47/1999 whereby the trial Court dismissed the application filed by respondent No. 2 for recalling the order taking cognizance dated 20.2.1999.
(2.) I have heard learned counsel for the parties and perused the order of the revisional Court dated 3.9.2001 as well as the order of the trial Court dated 29.1.2001.
(3.) The facts giving rise to the instant revision petition are that a complaint was filed by petitioner under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter). The trial Court took cognizance of offence under Section 138 of the Act on 20.2.1999 and ssued the process. However, during pendency of the trial, non-petitioner No. 2 Darshan Singh filed an application before the trial Court seeking recalling of the order taking cognizance dated 20.2.1999 and dropping the proceedings against him. That application came to be dismissed by the rial Court vide order dated 29.1.2001. However, the revisional Court set aside the order dated 29.1.2001 and allowed the application dated 2.6.1999 seeking recalling of order taking cognizance filed by the Non-petitioner No. 2 and quashed the order of cognizance and the Criminal proceedings.;