1. Heard learned counsel for the parties. Admit. Taken up for final disposal forthwith by consent of parties.

2. By this appeal, the appellant (original complainant) challenges judgment and order dated 25.9.2009 passed in Summary Criminal Case No. 7227 of 2007 by learned Judicial Magistrate, First Class, Court No.2, Akola hereby respondent (accused) was acquitted of offence punishable under Section 138 of the Negotiable Instruments Act on the ground that the complainant failed to prove that the cheque no. 338343 dated 11.9.2007 drawn on the ola Urban Cooperative Bank Limited, Akola was issued for discharge of legally enforceable debt or liability.

3. It is not in dispute that the said cheque had returned dishonoured for funds insufficient and notice demanding payment was also served, but the accused did not pay the amount demanded by notice.

4. Facts, briefly are :

The complainant contended that he had good cordial relations with the accused and the accused had demanded Rs. 45000/-which complainant paid in lieu thereof the accused had issued the cheque in question with promise and assurance that it would be honoured which returned dishonoured for nonpayment due to “fund