CHAKRADHARI SHARAN SINGH, J.

This application has been preferred, under Section 397 read with Section 401 of the Code of Criminal Procedure, against the judgment and order, dated 26.06.2013, passed by learned Additional Sessions Judge-II, Patna, in Cr. Appeal No. 148 of 2001, whereby, he has set aside the judgment and order of conviction and sentence passed by learned Judicial Magistrate-Ist Class, Patna, on 31.05.2001, in Trial No. 507 of 2001, arising out of Complaint Case No. 55 C of 1998, whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for one year.

2. Briefly narrated, the case of the prosecution, as alleged in the complaint petition, which gave rise to Complaint Case No. 55 C of 1998, is that the complainant and the petitioner had some joint business, run under an agreement of partnership between them. In course of time, since the joint venture could not succeed, the complainant opted to withdraw his share, in response to which, opposite party No. 2 issued two post-dated cheques, each worth Rs. 1,05,000/-. The petitioner, when presented the said cheques before the Bank, stood dishonored because of insufficiency of fund, as m