P.S. Datta, J. - The judgment and order dated 17.07.2004 passed by the learned Additional Sessions Judge, 7th Fast Track Court, Bichar Bhawan, Calcutta in Criminal Appeal No. 9 of 2003 confirming thereby the judgment and order of conviction and sentence passed by the learned Metropolitan Magistrate, 14th Court, Calcutta in Case No. 1194/99 under Section 138 of the Negotiable Instruments Act against the petitioner said to be the proprietor of M/s. Dabholkar Enterprises is the subject matter of challenge in this revisional application.

2. Before the learned Chief Metropolitan Magistrate the opposite party/complainant lodged the complaint alleging that pursuant to the order placed by the petitioner (accused) the complainant (o.p.) supplied materials and raised a bill dated 17.07.1997 worth Rs. 2,47,962.54 P. which the accused assured the complainant of payment. Thus, towards discharge of liability the accused issued two cheques one dated 18.12.1998 for Rs. 50,000/- and another dated 28.01.1999 for Rs. 50,000/- drawn on Dena Bank, Margao, Goa. The cheques were deposited on 06.02.1999 but were returned dishonoured by a memo, dated 15.02.1999 with the remarks “exceed arrangements”