JUDGMENT

Arun D. Upadhye, J. - Being aggrieved by the Judgment and order dated 28.06.2005 passed by the JMFC Court No. 1, Achalpur acquitting the accused of the offence punishable under section 138 of the Negotiable Instruments Act in Summary Criminal

Complaint Case No. 1265 of 2003, the appellant - original complainant has preferred this appeal. The respondent is original accused. (Hereinafter appellant is referred as "complainant" and respondent is referred as "accused").

2. The brief facts of the case are as under :

The complainant is a permanent resident of Paratwada and having good relations with the accused.

3. The accused was in need of money for purchasing the field and therefore, requested the complainant for payment of amount of Rs. 40,000/-. The complainant having faith on him, gave amount of Rs. 40,000/- on 30.11.2002.

4. The complainant further contended that the accused issued cheque of Khamgaon Urban Cooperative Ltd. Bank, Branch Achalpur bearing Ch. No. 294217 of Rs. 40,000/-on 02.05.2003. The complainant deposited the said cheque in Punjab National Bank on 05.05.2003. but the same was returned back on 06.05.2003 with a memo showing that there is no sufficient fund i