N. L. GANGULY, J.

( 1 ) THIS petition under Sec. 482 Cr. P. C. has been filed against the order passed by the Magistrate affirmed by the learned Sessions Judge in revision refusing to summon the accused person in a case under Sec. 420 I. P. C. read with S. 138 of Negotiable Instruments Act, as amended by Amendment Act No. 66 of 1988.

( 2 ) THE dispute arises out of a business transaction. A post-dated cheque for 25-11-89 was issued by the accused/opp-party on 15/10/1989 which was to be presented before the Bank on 25/11/1989. The said cheque was presented for encashment on 19-2-90 before the Bank. It was returned by the Bank with letter dated 27-2-90 with slip "refer to drawer as there was insufficient amount in the account of the accused/opp-party. The cheque was dishonoured and not encashed. Being aggrieved by such dishonouring of the cheque, the criminal complaint aforementioned was filed. The complainant before filing the Criminal Complaint sent a notice dated 8-3-90 through his Counsel Sri Maheshwari, Advocate for making payment of the amount of cheque.

( 3 ) THE present petition under Sec. 482 Cr. P. C. is thus filed by the complainant. The specific finding about the nature of