( 1 ) THIS revisional application has been preferred by the petitioner praying for quashing the proceeding of section K2 Case No. 169 dated 12. 6. 01 i. e. Shakespeare Sarani P. S. Case No. 169 dated 12. 6. 01 (G. R. Case No. 1729 of 2001) under section 406/420 of IPC and the order dated 18. 12. 02 passed by the learned Chief Metropolitan Magistrate (hereinafter called the CMM), Calcutta thereby issuing warrant of arrest against the petitioner in connection with the aforesaid case.

( 2 ) LEARNED Advocate for the petitioner contended that the de facto complainant-cum-informant Monohor Agarwal previously filed a complaint against this petitioner in the Court of the learned CMM which was registered as complaint case C/2409 of 2001 under section 138 of the Negotiable instruments Act (hereinafter called the N I Act) alleging that the accused petitioner issued two cheques one bearing No. 004722 dated February 19, 2001 for Rs. 4,00,000. 00 and another cheque bearing No. 004723 dated February 26, 2001 for Rs. 4,86,464. 45 both drawn on UCO Bank, Kankurgachi Branch in favour of the de facto complainant company towards value of the goods delivered to petitioner and in discha