Ram Prakash Gupta J. : Special Leave to appeal under section 378(4) of the Code of Criminal Procedure was granted by S.P.Rajkhowa, J. on December 9, 1993.

2. None appears for the Appellant. Mr. Biplab Mitra, learned Advocate, present in court asked for passing over of this matter on behalf of Mr. Chaitanya Mukherjee, learned Advocate for the petitioner in this case, as instructed by his clerk. I waited for the Counsel for Appellant for half an hour. Nobody has come. Mr. Sandip Ghoshal appears for the opposite party No. 1.

3. This appeal is directed against the judgment and order of acquittal dated 24.9.93 passed in favour of opposite parties by 15th Court of Metropolitan Magistrate, Calcutta, presided over by N. Mondal. The case had been started against Smt. Arati Poddar by the present appellant Shibu Chakraborty on a complaint of an offence under section 138 of the Negotiable Instruments Act, which had been committed by the opposite party no. 1 in so far as she issued an Account Payee Cheque of Rs. 25,000/- (Rupees Twenty-five thousand only) on 15.12.1989 in favour of the complainant/appellant, for consideration. The cheque, when presented, was dishonoured, twice. It was a c