JUDGMENT S.B. SINHA, J.

1. Leave granted.

2. What would be the effect of a post dated cheque vis-`-vis prosecution in terms of Section 141 of the Negotiable Instruments Act, 1881 (in short the Act) is the question involved in this appeal which arises out of a judgment and order dated 31st January, 2007 passed by the High Court of Delhi at New Delhi in Criminal Revision No. 777 of 2003 dismissing the Criminal Revision Application preferred from an order dated 5th July, 2003 passed by the learned Additional Sessions Judge, New Delhi, discharging the 1st respondent No.1 herein.

3. The basic fact of the matter is not in dispute.

First Respondent herein was a Director of a Company known as M/s. International Agro Allied Products Ltd. (the Company). It had purchased certain agricultural equipments on hire purchase/lease from on 3rd April, 1995. As a part of the said transaction some post dated cheques were issued in favour of the appellant herein towards the payment of monthly hire/rental. First Respondent admittedly resigned from the Directorship of the Company on or about 25th May, 1996. It was accepted.

4. One of the said post dated cheques which was issued in April, 1995 was dated 28