Indrajit Chatterjee, J.

1. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure in which this present petitioner who was accused in Complaint Case No. 316 of 2000 under Section 138 of the N.I. Act has assailed the judgement and order dated 4th March, 2013 passed by the learned Additional Sessions Judge, 2nd Court at Howrah in Criminal Appeal No. 2 of 2009 by which the said learned Judge was pleased to affirm the judgement and order of conviction passed by the learned Additional Chief Judicial Magistrate, Howrah on 18/12/2008. The case relevant for the purpose of adjudication of this revisional application can be stated in brief thus :

That one complaint was filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter called as the said Act) wherein the complainant, now the opposite party before this court averred that on 30/12/1999, an advance of Rs.2,85,000/- was given to the accused by cash and the accused promised to repay the same within ten days and on the very same day, the accused issued a cheque being no. 23912 in respect of his Account no.3361 drawn on Allahabad Bank, Dakshin Jhaporda