JUDGMENT :

AnanyaBandyopadhyay, J.

1. This appeal is directed against an order of acquittal and judgment dated 18.08.2001 passed by the Learned Metropolitan Magistrate, 3rd Court, Calcutta in Case No.C-930/1996, acquitted the appellant under Sections 138/141 of the Negotiable Instrument Act.

2. The case precisely stated that the opposite party no.1 was a private limited company and the opposite parties nos.2 to 5 were the Directors and/or Principal Officers and/or Persons-in-Charge and responsible for the acts and deeds of the said company. The opposite party no.3 issued two cheques bearing no.078143 dated March 31, 1996 of Rs.15,00,000/- and cheque bearing no.078140 dated March 31, 1996 of Rs.1,19,835.62/- drawn on U.C.O Bank, New Market Branch, Calcutta for and on behalf of opposite party no.1 to discharge the liabilities of the said company respectively. The said cheques were duly deposited with Bharat Overseas Bank Ltd., Dalhousie Square Branch. The said cheques were eventually returned with a remark ‘Insufficient Fund” to the petitioner on April 3, 1996. On or about April 15, 1996, notice under Sections 138/141 of the Negotiable Instrument Act was issued in the names of the oppos