The appeal questions validity and legality of the Judgment and order of acquittal recorded by learned 24th Judicial Magistrate, First Class and Special Judge under Section 138 of the Negotiable Instruments Act, at Nagpur.

2. The facts, briefly stated, are thus:-

The complainant stated that the accused is a close friend of her husband and since a long period, had requested for loan for his business in the sum of Rs. Two lacs, which was paid in cash on 15/01/2005. Loan Agreement was executed on a stamp paper in the denomination of Rs.100/-in presence of two witnesses. The accused had promised to repay the amount as early as possible. The accused had, in order to discharge his liability in part and as an installment, had issued a Cheque of Rs.10,000/-bearing No.594169, dated 02/12/2008 drawn upon the UCO Bank, Mount Road extension, Nagpur for encashment. The said Cheque was presented for encashment to the Union Bank of India, Katol Road, Nagpur. It was returned dishonored with remarks "insufficient Funds" and with an intimation memo, dated 20/05/2009. Demand notice was issued on 17/06/2009 by Registered Post A/D., which was received by the accused on 23/06/2009, but the accuse