The complainant in C.C. No. 29320 of 2006 on the file of the learned XXII Additional Chief Metropolitan Magistrate, Bangalore (hereinafter referred to as the "Trial Court" for short) has challenged in this appeal the judgment and order of acquittal dated 15-4-2008 passed in the said case acquitting the respondent-accused of the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I. Act" for short).

2. Though this matter is listed today for admission it is taken for final disposal by consent of the learned Counsel for both the sides and their arguments on merits are heard. I have perused the impugned judgment and the entire material obtained from the Trial Court.

3. Having heard the learned Counsel for the parties the only point that arises for my determination in this appeal is ''Whether the Trial Court was justified in acquitting the accused in the said case (respondent herein) of the offence under Section 138 of the N.I. Act by recording its finding that the complainant failed to prove that legally enforceable debt payable to her by the accused was existing as on the date of the cheque in question ?"

My finding on this point i