JUDGMENT :

1. This is an application under Section 482 read with Section 401 of the Code of Criminal Procedure filed by the petitioners challenging the judgment dated 13.12.2018 passed by the Learned Sessions Judge, Birbhum, Suri, in connection with Criminal Appeal No. 9 of 2018. By the impugned judgment Learned Sessions Judge confirmed the judgment and order of conviction of the petitioners passed by the Learned Additional Chief Judicial Magistrate, Suri, Birbhum, in A.C. Case No. 123 of 2015 under Section 138 of the Negotiable Instruments Act 1881.

2. Present opposite party no. 1 Paschim Bangla Gramin Bank filed a complaint against the present petitioners for commission of alleged offence under Section 138 of the Negotiable Instruments Act. It was alleged in the said complaint that the present petitioners being the Doloneta and Sahodaloneta of Jahar Guru Joint Liability Group and being customer of Paschim Banga Gramin Bank took a group loan amounting to Rs. 1,15,000/- on and from 29.11.2010 repayable as per agreement. Subsequently they failed to repay the said loan in terms of loan agreement. Petitioners on demand of the Bank jointly issued and delivered a cheque of Rs. 40,000/- vi