JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed under Section 378(4) of the Code of Criminal Procedure by the original complainant challenging the acquittal of respondent-accused by learned Judicial Magistrate First Class, Court No. 3, Shrirampur in Summary Criminal Case No. 452 of 2013 on 17-09-2016, whereby the respondent came to be acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’).

2. By order dated 29-06-2017, this Court had granted leave to appeal.

3. Heard learned Advocate Mr. G.D. Jain for appellant and learned Advocate Mr. P.S. Dighe for respondent.

4. It has been vehemently submitted on behalf of the appellant that the complainant had come with the case that on the request of the accused, she had extended hand loan of Rs. 80,000/- and in discharge of that legal debt or liability, the accused had issued cheque bearing No. 741625 on 28-03-2013 drawn on her account maintained with Bank of Maharashtra branch at Shrirampur. It was assured that on the presentation of the said cheque, it would be honoured. Therefore, on the same day, the said cheque was presented by the complainant