JUDGMENT 1. - Heard counsel for the petitioner and learned Public Prosecutor. Perused the orders impugned. 2. The instant miscellaneous petition has been filed by the petitioner being aggrieved of his conviction under Section 138 of the Negotiable Instruments Act. 3. The petitioner filed a revision against the conviction in the same matter being Revision No. 42/2003. The Revision was decided by this Court on 18.1.2005 and while upholding the petitioner's conviction and the substantive sentence, the sentence of fine was reduced from Rs. 25,000/- to Rs. 5,000/- only. Now the petitioner has again challenged his conviction by this misc. petition. He has not surrendered till date and accordingly warrants of arrest are being issued against him. 4. It is firm opinion of this Court that the instant miscellaneous petition which has been filed by the petitioner is a gross and grave abuse of the process of the Court. The petitioner having failed in his earlier attempt to challenge the conviction has again approached this Court whilst be filing the instant miscellaneous petition and remains absconding till date. 5. In view of the aforesaid fact, the miscellaneous petition is rejected with a cost of Rs. 50,000/- (Fifty Thousand Rupees Only). The petitioner shall be released in the instant case only on depositing he cost and the cost on being deposited shall be remitted to the State Legal Service Authority'. The trial Court shall forthwith take steps to apprehend the petitioner who remains absconding despite rejection of his revision challenging the conviction by order dated 8.11.2005 passed by this Court. Explanation be called for from the trial Court as to what steps have been taken for apprehending the petitioner till date. The trial Court shall have resort to the provisions of Sections 82 and 83, Criminal Procedure Code, if so required. 6. List on 17.9.2012 for receiving report explanation of the trial Court i.e. Judicial Magistrate (1st Class) No. 1, Udaipur City (South).Petition dismissed. *******