Tapash Mookherjee, J.

The present Revisional Application is directed against the judgment and order, dated 19.08.2008 passed by the learned Additional Sessions Judge, 2nd Court, Barasat, North 24 Parganas, in Criminal Appeal No. 7/2006 whereby the judgment and order dated 30.06.1996 passed by the learned Judicial Magistrate, 1st Class, 1st Court, North 24 Parganas at Barasat in C. Case No. 903/2003 was affirmed.

2. The facts leading to the present Revisional Application, in short, may be summarised as follows:-

3. One Ashis Ghosh and his wife Ali Ghosh hereinafter described as the petitioners, took a loan of Rs. 70,000.00 (rupees seventy thousand only) from one Ajoy Kumar Ghosh hereinafter described as the Opposite Party and to repay the loan the Petitioners issued a cheque for the said amount on 04.04.2003 in favour of the Opposite Party. But the said cheque was returned unpaid on presentation, on the ground of insufficiency of fund in the account. The Opposite Party thereafter served demand notice upon the Petitioners demanding the money. But the Petitioners did not make payment in response to the demand notice. Hence, the Opposite Party filed a complaint under Section 138 of