D.P. Sircar, J. - The Opposite Party Nos. 2 to 4 are the partners of the O.P. No.1 with which company, the petitioner, financing company had some business transactions. It has been alleged in this case that the accused, O.P. No.2 at the time of execution of the agreement with the petitioner-company in discharge of liability of the O.P. No.1 company issued three post-dated cheques bearing No. 438640 dated 3-11-1996, No. 438641 dated 3-12-1996 and No. 438642 dated 3-1-1997 for a total sum of Rs. 97,440/- only, each cheque being for an amount of Rs. 32,480/-. The other O.P., it is alleged, were present and consented to the act of the issuance of the cheques by the O.P. No.2. The cheques were duly presented by the agent of the petitioner to the banker of the complainant petitioner company, that is, Allahabad Bank within the validity period. But the cheques were returned being dishonoured with the remarks "refer to drawer" as per memo of the bank dated 7-1-1997. The petitioner-company got the intimation about dishonour of the cheques on 8-1-1997. Thereafter, the petitioner-complainant tried to establish contact with the accused persons O.Ps. but failed to contact them as the acc