Judgment

S.B. Sinha, J.—Leave granted.

2. The appellant herein filed a complaint petition in the court of Chief Judicial Magistrate, Birbhum at Suri being CC No. 339 of 2004 alleging inter alia therein that several cheques of diverse sums issued by the respondent herein had been dishonoured, and, thus, they committed an offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as ‘the Act’).

3. The appellant herein entered into a contract with the Respondent No. 1 herein (Company) for supply of stone chips. The company used to hand over post-dated cheques to the appellant towards the price of stone chips as also transport, handling, postage and other charges. The Company had issued six cheques of the following description in favour of the appellant:

Sl.No. Cheque No. Dated Amount

1. 455997 10.06.2004 Rs. 5,33,795

2. 455998 10.07.2004 Rs. 5,33,795

3. 455999 10.08.2004 Rs. 5,33,795

4. 455993 10.06.2004 Rs. 6,49,085

5. 455994 10.07.2004 Rs. 6,49,085

6. 455995 10.08.2004 Rs. 6,49,085

Total : Rs. 35,48,640

4. The aforementioned cheques were deposited with "Mayurakhi Gramin Bank" Suri branch but they were returned by the Banker stating "full cover not recei