J.N. Patel, J. - On dishonour of Cheque No. 434881 dated 26-1-1995, drawn by the petitioner Company Orient Syntex Limited in the sum of Rs. 12, 56, 212/- in favour of Besant Capital Tech Limited, the complainant Besant Capital Tech Limited issued notice to the petitioner Company and its Directors, demanding payment within 15 days from the receipt of the notice failing which the petitioner Company and its Directors would be prosecuted for having committed offence punishable under Section 138 of the Negotiable Instruments Act, 1881. As the petitioner Company and its Directors refused to comply with the notice, a complaint under Section 138 of the Negotiable Instruments Act, 1881 came to be filed in the Court of the Judicial Magistrate, Akola, against the petitioner Company and its Directors, which came to be registered as Complaint Case No. 1120 of 1996.

2. The learned Chief Judicial Magistrate, after verification of the complaint, passed an order issuing process against the accused under Section 138 of the Negotiable Instruments Act, 1881, by his order dated 16-7-1996. Thereafter, it appears that the accused failed to appear in response to the summons. On 11-9-1996, non - bai