JUDGMENT

A.M. Dhavale, J. (Oral) - This is an appeal against acquittal of the respondent for offence under section 138 of the Negotiable Instruments Act (here in after referred to as ''NI Act'') by learned Judicial Magistrate First Class, Chakur, in Summary Criminal Case No. 1070 of 2002.

2. As per the complaint, the complainant/appellant is resident of Nalegaon, Tq. Chakur. He was agriculturist by profession. He was knowing the accused/respondent r/o Ashta, Tq. Chakur, for 10 years. On 01.03.2001, the accused demanded from him a sum of Rs. 75,000/as a hand loan for household expenses. He had agreed to refund the amount with in three months. The complainant paid the amount to him and the accused issued to him a postdated cheque dated 01.06.2001. The accused did not make repayment. Hence on 22.06.2001, the complainant presented the cheque in his bank. The said cheque was returned along with memo of dishonour dated 22.06.2001 for insufficient funds. The complainant issued notice dated 02.07.2001. the accused received it on 03.07.2001 but did not reply or comply. Hence, the complaint was filed on 13.08.2001.

3. The complainant examined himself only and produced documents. The ld. trial