JUDGMENT :- The original complainant who has filed Criminal Case No.1335/1991 under Section 138 of the Negotiable Instruments Act has filed this appeal, as Judicial Magistrate, First Class, Gondia has dismissed the complaint and acquitted the accused.

2. The Judgment of acquittal is based on the finding that the transaction, in question, was by way of security and was not towards the discharge of debt or liability and, therefore, the transaction was beyond the scope of Section 138 of the Negotiable Instruments Act.

3. The Judgment of acquittal is challenged on the ground of being erroneous, illegal and based on considerations not borne on record, and by drawing inferences which are not permissible from the evidence on record.

4. It is seen that the complainant has examined himself, he gave entire account of facts and the background in which for the cheque was given. He has proved the entire transaction and that in the open and current account maintained by him arrears of Rs.51,888/- were recoverable, from the accused which he gave a cheque of Rs.50,000/-. On presentation, the cheque was dishonoured. On 13-07-1991 i.e., after service of statutory notice, the accused paid a sum of Rs.30

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