( 1 ) THIS appeal arises out of the judgment of the Additional Judicial First Class magistrate, Narsapur in Calender Case No. 168 of 1994 wherein he acquitted the accused herein of the charge under Section 138 of the Negotiable instruments Act.

( 2 ) THE complainant who is the appellant before this Court strenuously contended that the Magistrate dismissed the complaint without applying his mind to the material available on record whether the action of the accused attracts the provisions of Section 138 of the Negotiable Instruments Act or not and he based his finding on mere surmises and conjectures.

( 3 ) I have gone through the judgment of the Court below. I have no hesitation to hold that the Magistrate dismissed the complaint for the sake of dismissal without applying his mind to the facts of the case and without discussing the oral and documentary evidence available on record and needs interference to prevent injustice to the appellant.

( 4 ) THE Case of the appellant herein is that on 26-09-1994 the respondents- accused purchased lace from his industry worth Rs. 60,000/- in the presence of p. W. 4 and P. W. 5 under EX. P-5 the commercial invoice and issued ch