D.G. Deshpande, J.—Heard Advocate for the petitioners and Advocates for respondent Nos. 2 and 3. This Special Leave Application is filed by the complainant against the Judgment of acquittal of the accused under Section 138 of the Negotiable Instruments Act by the Chief Metropolitan Magistrate, 37th Court, Esplande, Mumbai, by Judgment dated 19.9.2003. It was case of the complainant that accused issued a cheque for Rs. 50 lacs dated 13.2.1997 for discharging their liability. Accused No. 3 signed the cheque, complainant deposited the cheque in the Bank on 4.2.1997 but it was returned with remarks “insufficient funds in the account”. Thereafter company gave notice dated 27.2.1997 by hand delivery. The accused did not make the payment inspite of the notice and hence complaint came to be filed under Section 138 of the Negotiable Instruments Act.

2. On behalf of complainant only one witness was examined S. Rajgopalan. Defence of the accused was that no notice was served upon them as required by Section 138 of Negotiable Instruments Act. Counsel for the petitioners tendered a zerox copy of notice dated 27.2.1997. It is addressed to:

Director,

REPL Engineering Ltd.,

Shivsagar Es