1. Heard rival arguments at length on this criminal appeal preferred by the original complainant challenging the judgment and order dated 2/11/2010 passed in Criminal Case No.200/OA/NI/08/E. By the said impugned judgment and order the present respondent no.1 was acquitted of the offence punishable under Section 138 of Negotiable Instruments Act, 1881. Being aggrieved by the said acquittal appellant/original complainant initially prayed for leave to file appeal and after the leave was granted preferred the present appeal.

2. At the threshold, it must be mentioned that the only ground on which the criminal complaint was dismissed, acquitting the respondent/accused was that the debt of Rs.6.00 lakhs was not legally enforceable at the time of issuance of the cheque.

3. Prior to discussing the rival arguments certain admitted factual position is mentioned as under:

In the present appeal, complainant and the accused/respondent no.1 are close friends and accused/respondent no.1 asked for loan of Rs.6.00 lakhs from the complainant, sometime in first week of July, 2004. As such, the cheque was given to the accused for Rs.6.00 lakhs and the amount was credited in the account of th