judgment

S.B. Sinha, J. —

1. Leave granted.

2.The impugned judgment is one of reversal of a judgment of acquittal passed by the learned Trial Judge in favour of the appellant.

3. Respondent herein allegedly, on diverse dates, advanced a sum of Rs. 3,16,000/- to the appellant who issued a cheque for the said amount on 18.12.1995. The said cheque was dishonoured on the ground of insufficient fund. Allegedly, when the matter was brought to the notice of the appellant, he undertook to remit the amount on or before 30.01.1996. The cheque was again presented but the same was not encashed on the ground “payment stopped by the drawer”.

4. On the aforementioned premise, a complaint petition was filed by the respondent herein against the appellant under Section 138 of the Negotiable Instruments Act (for short “the Act”).

5. The complainant in support of its case led evidence to show that he had advanced various sums on the following terms :

“On 31-1-94 a sum of Rs. One lakh; on 8-6-94, Rs. 86,000/-; on 12-6-94, Rs. 28,000/-; on 23-4-95, Rs. 50,000/- on 18-6-95, Rs. 40,000/- and on 7-8-95, Rs. 12,000/-.”

6. Defence of the appellant, on the other hand, was that he had issued blank cheques for the pur