1. Heard the counsel for the petitioner and the State. No body appears for the O.P. No. 2. Although a Vakalatnama was filed on behalf of the O.P. No. 2.

2. The case of the complainant, Gayatri Prasad Agarwal is that he had paid one Lac rupees to One Daud Dayal Agarwal as a friendly loan. In the meantime, Daud Dayal Agarwal died in the year 2001 and his wife Usha Rani Agarwal proposed to sell a house to Birendra Kumar Singh (Petitioner). Birendra Kumar Singh as an advance issued four post dated cheques of Rs. 25,000.00 each.

3. Later on, he took one cheque back and paid Rs. 25,000.00 in cash. The rest three cheques were presented in the Bank on 16.1.2002 and 28.1.2002 which were returned with the Memo on 15.2.2002 showing "Funds insufficient".

4. The complainant, thereafter, gave a legal notice on 27.2.2002 which was acknowledged by the accused on 7.3.2002.

5. On the basis of these allegations, a complaint case was filed under Sec.138 of the Negotiable Instruments Act and under Sec. 420 of the Indian Penal Code.

6. The case was sent for investigation under Sec.156(3) of the Code of Criminal Procedure to the police.

7. After investigation, the police submitted a final form wh