Judgment Nure Alam Chowdhury, J. This revisional application on behalf of the three accused opposite parties Nos. 1, 2 and 4 in the petition of complaint of the opposite party No.2 in the instant application is directed against the order dated March 5, 2001 passed by the learned Metropolitan Magistrate, 8th Court, Calcutta in Case No. C/77/98 under sections 138/141 of the Negotiable Instruments Act, allowing the application of the complainant for withdrawal of the case against the accused No.3 G.N. Agarwal in the petition of complaint and acquitting him under the provision of section 257 of the Code of Criminal Procedure. 2. Heard the ld. Advocates for the parties. Perused the materials on record including the impugned order. 3. It appears that the accused No.3 in the petition of complaint, Sri G.N. Agarwal, (since acquitted as above) signed the post-dated cheque for Rs.37 lacs drawn on State Bank of India, Overseas Branch, which was duly deposited by the complainant company to its Banker but the said cheque was dishonoured by the Banker of the accused with the remark "refer to the drawer" and on November 10, 1997, the complainant company received the intimation of dishonour. 4. It also appears that on November 24, 1997, the complainant Company issued demand notice under section 138 of the Negotiable Instruments Act against the accused persons and the said notices were sent by registered post but inspite of receipt of such notice the accused persons made no payment section 257 of the Code of Criminal Procedure clearly envisages recording of satisfaction by the learned Magistrate that there are sufficient grounds for permitting the complainant to withdraw his complaint against the accused but such satisfaction is conspicuously absent in the impugned order and as such it is liable to be set aside. 5. The revisional application therefore succeeds and is allowed and the impugned order is set aside. Interim order of stay passed by this court on the revisional application stands vacated. 6. The revisional application heard on contest stands disposed of. 7. Let a copy of this order be sent down to the court below forthwith and in any event not later than a week from date. Revisional application allowed. Interim order vacated.