Pradip Mohanty, J.— This criminal revision is directed against he order dated 28.6.2005 passed by the ad hoc Addl. Sessions Judge, FTC No.1, Cuttack in criminal appeal No:72 of 2003 confirming the judgment dated 12.11.2003 passed by the learned J.M.F.C., Cuttack in I.C.C. Case No.113 of 2002/Trial No.503 of 2003.

2. The case of the prosecution is that the accused/petitioner in course of his business transaction purchased flour, Maida, etc. from the complainant and issued three cheques for a total amount of Rs. 3,98,500. The complainant presented the said cheques for clearance with his banker, but the same were dishonoured due to insufficient fund in the account of the accused-petitioner. On being intimated regarding the dishonour of cheques, the complainant sent demand notice to the accused/petitioner asking for payment. In spite of notice, the accused/petitioner failed to make any payment, for which the above noted complaint was filed.

3. The plea of the accused-petitioner was complete denial of the allegation. He specifically pleaded that he had not issued any cheque. He had lost his cheque book which he had intimated to his banker vide affidavit and had closed his accoun