1. The instant appeal is by the Complainant directed against the Judgment and Order, dated 16th April, 2008 passed by the learned Judicial Magistrate, First Class (Court No.VI), Akola challenging the acquittal of the respondent/accused under Section 138 of the Negotiable Instruments Act.

2. The facts, briefly stated, are as under:-

The Complainant and the accused were in cordial terms with each other. In the month of April, 2004, the accused demanded a sum of Rs1,00,000/-from the Complainant as he was in dire need of money. The amount was paid in cash on 19/04/2004. The accused had issued a Cheque bearing no.351152, dated 04/10/2004 for the sum of Rs 95,000/-drawn upon the Akola Janata Commercial Co-operative Bank Ltd, Akola Branch. The cheque when presented for realisation, was returned dishonored with remarks “fund insufficient” vide intimation memo, dated 05/10/2004. The demand notice was issued by R.P.A.D. and under postal certificate. It was duly received by the accused on 03/11/2004. The accused failed to pay the amount. Thus, a complaint was lodged. The trial Magistrate acquitted the accused.

3. The accused had denied the transaction. He stated that he never issued