Hon’ble Anurag Kumar, J.—This appeal is directed against the judgment and order dated 2.11.1999 rendered by Special Chief Judicial Magistrate Lucknow (Customs) in Complaint Case No. 1227/97.

2. Relevant facts for disposal of this appeal are as under :

3. The appellant is a sole proprietor firm and Ashwani Kapoor Proprietor being the proprietor of the firm is dealing in the business of Pace Battery. Respondent No. 1 purchased 10 peaces of new pace setter batteries costing Rs. 21,219 and issued a cheque No. 268297 dated 1.8.1996 drawn by the bank of Baroda Hewett Road Branch Lucknow in favur of the appellant. The appellant presented the cheque on 1.8.1996 in its bank that is Indian Overseas Bank, Main Branch Lucknow. On 3.8.1996 he was informed by the bank that the said cheque was received back unpaid with a note for want of sufficient fund. The appellant then contacted the respondent and informed him about non-payment of cheque, on which, respondent stated to produce the cheque again after some time and assured that now the cheque will be cleared. The appellant again produced the cheque, but it was again not cleared by the bank then the appellant vide letter dated 29.11.1996