JUDGMENT :

Anil Kshetarpal, J.

1. Petitioner No.1-the Poultry firm and petitioner No.2-the Proprietor of the Poultry firm (petitioner No.1), are in the revision against the judgment passed by the learned Magistrate affirmed in appeal by the learned Court of Sessions.

2. On dishonour of the cheque No.040754 dated 06.12.2012 drawn on Bank of India amounting to Rs.8,54,000/-, proceedings under Section 138 of the Negotiable Instruments Act, were initiated by M/s Perfect Poultries (respondent No.2).

FACTS:-

3. Convict-petitioners runs a poultry farm. Complainant and his brother are manufacturers and traders of the poultry feed. Complainant-respondent, which is a sole proprietorship, runs business in the name of M/s Perfect Poultries through its proprietor-Sanjay Jain-complainant. His brother Rajesh Jain used to run the identical business under the name of M/s Perfect Bio Nutrients. Complainant-respondent claims that cheque in question was issued in discharge of debt on account of supply of poultry feed to petitioner No.1-firm, on credit basis whereas it is the case of defence that, in fact, petitioner No.1-poultry firm was having dealing only with M/s Perfect Bio Nutrients owned by Rajesh Ja