JUDGMENT - KHARCHE S.T., J.:This criminal revision application takes an exception to the order of acquittal dated 17th February, 1999 passed by the learned Chief Judicial Magistrate in Private Criminal Complaint Case No. 29 of 1998 whereby the non-applicant/accused has been acquitted of the offence punishable under section 138 of the Negotiable Instruments Act.

2. Brief facts are required to be stated as under :

The respondent purchased one Onida colour T.V. on 4th April, 1996 from the applicant for a total consideration of Rs. 22,760/-. The said T.V. was delivered to the non-applicant on same date and he made over the payment of Rs. 5,000/- in cash. The non-applicant had issued the post dated cheque for the amount of Rs. 17,745/- on 8th January, 1998 and he was supposed to pay the balance amount in instalment or in accordance with the post dated cheque. When the cheque was presented for encashment on due date, it was dishonoured. The fact of dishonour was communicated to the applicant by the bank on 10th January, 1998. The non-applicant was served with notice dated 19th January, 1998 and he was called upon to make the balance payment. He did not give any reply to the notice nor he

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