Heard learned advocate Shri. N. V. Gaware, appearing for the applicant.

2. By prefering this application, complainant Society seeks leave to prefer an appeal against the order of acquittal of respondent No.1 for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act"), passed by learned Judicial Magistrate First Class, Karjat in S.T.C. No.91512005.

3. The applicant/complainant lodged a complaint with allegations that the complainant Society advanced loan of Rs.32,664/- to the accused on 11-02-2002. The accused did not repay that loan amount and the dues outstanding were Rs.55,990/-. On consistent demand from the complainant Society, the accused drew a cheque dated 31-07-2005 in favour of the complainant Society. Said cheque was presented in the bank on 09-08-2005. However, it was dishonored on account of insufficient funds.

The complainant received the intimation of dishonor of the cheque on 11-08-2005 and then, issued a notice on the same day demanding the amount from the accused. Accused received this notice on 24-08-2005, but did not make payment. Within stipulated time, the complaint came to be filed.

4. At the trial, the