1. - Brief facts are that complainant non-petitioner Vivek Kumar filed a complaint against the accused-petitioner through V.K. Taneja on 17.7.1995 under Section 420 IPC and 138 (Negotiable Instruments Act, 1881 (for short "the act of-1881 ") in the court of Additional Chief Judicial Magistrate No. 2, Alwar with the averments that Bank of Baroda, Branch Alwar sanctioned loan to the complainant. On demand by the bank, the complainant had to submit quotation o Rs. 25,000/- for supply of goods by accused. Thereupon, the Bank issued a draft of Rs. 25,000/- in the name of accused, which was delivered to the accused on 7.5.95. The accused received the amount of this draft, but he did not supply the goods according to the terms and conditions of quotation, hence the complainant demanded of Rs. 25,000/-. The accused issued a cheque of Rs. 25,000/- in the name of Bank of Baroda, Alwar. This cheque was sent to Syndicate Bank on 19.5.95 for clearance but on account of paucity of fund in the account of the accused, the cheque was returned and it was again sent to the same bank for clearance on 8.6.95 and a letter dated 8.6.95 along with cheque was also sent to the accused by Bank of Ba