Phukan, J.—Leave granted.

2. This appeal is directed against the judgment and order dated 3.10.1997 passed by the Calcutta High Court in Criminal Revision No. 1611/97. By the impugned judgment, the High Court set aside the order of the Metropolitan Magistrate—16th, Calcutta passed in case No. C/1661/96.

3. Briefly stated the facts are as follows:

The appellant issued a cheque for Rs. 20,00,000/- (Rupees Twenty Lacs) in favour of respondent No. 1. The cheque was presented to the banker which was returned on 2nd August, 1996 with the remarks “Insufficient Fund”. Thereafter within 15 days of return of the cheque, respondent No. 1 gave a notice of demand as required under proviso (b) to Section 138 of The Negotiable Instruments Act, 1881, as amended, for short the Act. As the appellant failed to meet the demand, a complaint was filed before the Metropolitan Magistrate. On perusal of the above notice, the Magistrate was of the view that the demand made in the notice being higher than the amount of the cheque, notice was bad in view of an earlier decision of the High Court. Respondent No. 1 approached the High Court by filing the revision petition which was allowed by the impugned o