Oral Judgement :

1. Challenge in this appeal is to judgement of acquittal rendered by learned Judicial Magistrate (F.C.), in Summary Criminal Case No. 1525/1997 whereby and whereunder respondent No. 1 – Jiyalal came to be acquitted of offence punishable under section 138 of the Negotiable Instruments Act, 1881.

2. There is no dispute about the fact that the appellant and the respondent No. 1 were acquainted with each other. So also, there is no dispute about the fact that the respondent No. 1 issued a cheque No. C532820 dated 16-01-1996 for Rs. 20,000/- drawn on the United Western Bank Limited, Aurangabad, in favour of the appellant/complainant. The cheque in question (Exh-26) was presented by the appellant to his Bank, namely, the Indian Overseas Bank, Aurangabad branch. The cheque was returned to him on 28-02-1996 with an endorsement "funds not arranged for". The cheque had bounced and as such, a demand notice was issued to the respondent No. 1 on 06-03-1996 by the appellant through his advocate. The demand notice was duly served on him. The respondent No. 1 gave reply dated 30th March, 1996 whereby he denied the existence of liability to pay the amount shown in the che