JUDGMENT :- This appeal has been preferred by Kiran Finance Company,

Hoshiarpur through its Managing Partner, Capt. Lakhwinder Singh Gill against order dated 262-2002 passed by learned Judicial Magistrate 1st Class, Hoshiarpur, whereby respondent Sukhdev Kishan was acquitted in a complaint case No.9 of18-11-1999 filed under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act").

2. The case of the complainant shorn of details, is like this:

Respondent-Sukhdev Kishan had purchased a Matador bearing Registration No.HP-20-1444 vide Hire Purchase Agreement (Ex.DX) dated 20-5-1996 for an amount of Rs.3,20,000/-. The said amount was to be paid in 36 installments. In the event of failure, 4% overdue charges were also agreed to be paid on the defaulted amount. To discharge his partial liability, respondent Sukhdev Kishan had issued a cheque No.570893 dated 24-9-1999 worth Rs.85,000/- to the complainant-appellant, but, the same was dishonoured on account of insufficient funds. A legal notice dated 11-10-1999 (Ex.C6) was issued to the respondent to make payment but, of no avail. Ultimately, on these aforesaid allegations, complainant appellant had filed a complaint under Se

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