G. R. BHATTACHARJEE, J.

( 1 ) MIDNAPORE Commercial Company, the opposite party No. 2 herein filed a petition of complaint under section 138 of the Negotiable Instruments Act against the Baranagore Jute Factory PLC (Pvt. Ltd. Company) as accused No. 1 and two others namely, Radheshyam Ajitsaria and Raj Kumar Nemani as accused No. 2 and accused No. 3 respectively on the allegation that the accused Nos. 2 and 3 were looking after the day to day business of the accused company and were responsible for the conduct of the business of the said company and that the complainant company sold raw jute to the accused company and in discharge of the existing liability two cheques were issued in favour of the complainant company on 21st July, 1990 for Rs. 64,050/- and Rs. 77,385/- respectively, but the cheques on presentation were dishonoured by the drawee, bank by returning the same for referring to the drawer thereby indicating that there was no sufficient fund in the bank account of the accused company to honour the said cheques issued in discharge of existing liability and that the cheques were dishonoured ultimately (again) on 10th November, 1990 and then notice was duly issued by the comp

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