Sunil Kumar Sinha, J.—This is a petition filed under Section 482 of the Code of Criminal Procedure against the Order dated 17-10-2000 passed by the Magistrate, whereby an application for dismissal of complaint has been rejected by him in a matter under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) and also against the revisional Order dated 2-8-2003 passed in Criminal Revision 517/202 by the 4th Additional Sessions Judge, Durg, (C.G.) confirming the aforesaid Order.

2. The brief facts, as stated in the complaint, are that the petitioner had taken a loan of Rs. 1,50,000/- from respondent No. 1 on 7-1-2000 and for repayment issued a post dated cheque of 8-3-2000. This cheque was produced by the respondent No. 1 in the Bank on 2-5-2000. The cheque was returned with the note that the “drawer’s signature differs”. On this, the respondent No. 1 served upon the petitioner a demand notice dated 27-5-2000, which was received by the petitioner on 30-5-2000, but even after this the payment was not made and ultimately, the respondent No. 1 had to file a criminal case under Section 138 of the aforesaid Act on 26-8-2000.

3. After appearance before the tria