A.I.S. Cheema, J.

This Criminal Appeal has been filed by the original complainant (hereafter referred as "complainant") against the acquittal of Respondent No.1 original accused (hereafter referred as "accused") in Summary Criminal Case No.820 of 2012 by J.M.F.C. Court No.20, Aurangabad on 27th June 2013 for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ("the Act" in brief).

2. The complaint filed by the complainant in the trial Court claimed that the accused was friend of the complainant and they had cordial relations since long and also belong to same community. In Ramzan of 2011 accused was in need of money for his business and approached the complainant with the request of handloan of Rupees One Lakh. Considering the request of the accused and the relations, complainant told the accused that it was a huge amount and it would be preferable to execute an agreement. The accused however, suggested that he will execute cheque of handloan amount for repayment of handloan to which Complainant agreed and gave handloan of Rupees One Lakh in cash to accused. In discharge of the liability to repay the handloan, the accused executed cheque bearing No.