M.S. Vaidya, J. - The respondent No. 1 - Bhupendra S/o Ambalal Patel was an employee of the petitioner as his Branch Manager-cum-Chief Accountant for several years prior to the year 1989. In an audit which was concluded on or about 6th of July, 1989, it was discovered that during the period of 3 or 4 years prior to that date, he had misappropriate amounts to the tune of Rs. 10 lakhs approximately. According to the petitioner, the father of the respondent No. 1 also was in the employment of the petitioner for quite some time and when the matter was referred to him and was discussed with respondent No. 1, the respondent No. 1 had agreed to issue cheques in respect of part of the amount that was found due from him. It is averred in the complaint that cheque No. 6203904 dated 15.7.1989 for a sum of Rs. 3 1akhs was the first cheque issued. Simultaneously, three other cheques bearing Nos. 6203905, 6203906 and 6203907 bearing dates 31st August 1989, 30th September 1989 and 31 October 1989 respectively were issued, each for a sum of Rs. 1 Lakh. Thus, a sum of Rs. 6 lakhs was sought to be made good.

2. The first cheque bearing No. 6203904 dated 15th July 1989 for Rs. 3 1akhs was p