( 1 ) THIS criminal appeal has been preferred against the judgment passed by the learned City Sessions Judge, 8th Bench, Calcutta in Criminal Appeal No. 21 of 1999 whereby he acquitted the accused for the offence under Section 138 of the N. I. Act.

( 2 ) THE case of the appellant is that he is the Manager of the firm M/s. L. M. Enterprises and being duly empowered and authorized by the proprietor of the said firm, he filed a petition of complaint under Section 138 of the N. I. Act against the accused/respondent in the Court of the Chief Metropolitan Magistrate, calcutta. Said case was registered as case No. C/1815/95.

( 3 ) IT was alleged in the said complaint, by the complainant that the accused/respondent as the proprietor of M/s. Sree Ramdevji Art International, in discharge of his existing liabilities issued two account payee cheques of Rs. 5,00,000/- each drawn on Indian Overseas Bank, Chowranghee Branch in favour of the appellant company. But those cheques were dishonoured and returned back to the appellant company. A notice was sent to the accused demanding payment of the amount as mentioned in those two cheques within 15 days from the receip