The challenge in this application under Section 397/401 read with Section 482 of the Code of Criminal Procedure is to the judgment and order dated 22-12-2007 passed in Criminal Appeal No. 125 of 2007 by the Learned Additional District and Sessions Judge, 8th Fast Track Court, Bichar Bhawan, Calcutta whereby and where under confirming the judgment and order dated 29-12-2006 passed by the Learned Additional Chief Metropolitan Magistrate, Calcutta in C/828 of 2001 convicting the petitioner under Section 138 of the Negotiable Instruments Act and sentencing him to suffer Simple Imprisonment for one month and to pay compensation of Rs.75,000/-.

One Tapas Kumar Nandi, a partner of Ajay Fibre Glass Mouldings lodged one petition of complaint( hereinafter referred to as Opposite Party) in the court of Learned Chief Metropolitan Magistrate, Calcutta alleging therein that his firm sold and delivered F.R.P Moulded Net and Air Intake Guard to Sumit Ranjan Chakraborty, sole proprietor of M/s. Acme Engineering Company( hereinafter referred as the petitioner) amounting to Rs.1, 63,355/- under Challan No. A.F.M 03/2001-2002 dated 30-04-2001. In part discharge of the said legal debt and lia