Asha Arora, J. - (1.) By the instant application the petitioner/accused has assailed the judgement and order dated 17th March, 2017 passed by the learned Additional Sessions Judge, Fast Track 4th Court, Barrackpore in Criminal Revision No. 290 of 2016 affirming the order dated 8th July, 2016 passed by the learned Judicial Magistrate, 2nd Court, Barrackpore in C. Case No. 694 of 2005.
(2.) The facts in brief leading to the present application may be summarised as follows :
(3.) The opposite party no.2 herein/complainant filed a petition of complaint under section 138 of the Negotiable Instruments Act against the petitioner herein in the court of the learned Additional Chief Judicial Magistrate, Barrackpore alleging therein that the accused as the proprietor of M/s. Safe Pack Movers, in the discharge of his financial liability, issued four cheques of Rs.33,525/- each total amounting to Rs.1,34,100/- drawn on State Bank of India, Gorachand Road Branch in favour of the complainant. According to the complainant, the cheques were signed by the accused person in his presence and this fact was acknowledged by him in a letterhead dated 22.03.2005. When the complainant presented the aforesaid cheques for encashment, the cheques were dishonoured due to insufficient funds. A demand notice was sent to the accused but to no avail. This prompted the complainant to file a complaint under section 138 of the Negotiable Instruments Act as aforesaid.;