JUDGMENT :

S.M. Modak, J.

Respondent/Accused was acquitted by the Court of 5th J.M.F.C., Nagpur on 23/09/2008. It was for the offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as the "N.I. Act" for the sake of brevity) on the complaint lodged by the appellant. Now the appellant is challenging the correctness of the decision before this Court. Parties will be referred by their original status.

2. The liability of Rs. 35,000/- by way of hand loan was created on 03/07/1999 by the complainant, whereas cheque towards its repayment was issued on 10/01/1906/2006 by the accused. Accused admits signature but denies handwriting of the contents of the cheque. So also there was summary suit filed by the complainant against the accused for recovery of Rs. 66,000/-. During his evidence before Court of Magistrate, he gave incomplete answers during cross-examination.

3. Trial Court held the cheque must have been given in the year 1999 (and not in the year 2006) and the complainant must have misused it by filling in details. So also trial Court laid emphasis on evasive answers about the suit during cross-examination.

4. The issue before this Court is whether pre