( 1 ) ). The challenge has been made by the petitioner original complainant in the Criminal Case No. 277/95 under Section 138 of The Negotiable Instruments Act, to the orders passed by the learned Metropolitan Magistrate, Court No. 10, Ahmedabad and of the learned Additional City Sessions Judge, Court No. 19, Ahmedabad in the matter of restoration of the case aforestated dismissed for non-prosecution. This criminal case was registered on the private complaint filed by the petitioner.

( 2 ) ). The facts of the case are that the respondents Nos. 1 and 2 used to purchase "mendo" from the petitioner. The last purchase of Mendo on credit worth Rs. 1,21,687. 00 was made by the respondents Nos. 1 and 2 against bills of various dates. Towards the payment of the amount aforesaid, the respondent No. 2 issued cheques, the details of which are given in paragraph No. 3 of this Special Criminal Application. On presentation of these cheques by the petitioner with his bankers - The Kalupur Commercial Co-operative Bank, Chowka Bazaar, Ahmedabad for encashment thereof, the same were return by his bankers with endorsement "insufficient balance" and "exceeds arrangement". On 29th Dece