JUDGMENT :

1. Heard the respective counsels.

2. The applicant/original complainant has preferred this criminal revision application against the acquittal of the respondent No.2/accused vide order dated 30.10.2004 passed by the learned Additional Sessions Judge, Omerga, in Criminal Appeal No.16 of 2004 (Old No.4 of 2003).

3. For convenience, the applicant would be referred to as the 'complainant' and 'respondent No.2' as 'accused'.

4. The brief facts of the case were that the complainant had filed a complaint against the accused under Section 138 of the Negotiable Instruments Act (N.I. Act for short). He had a case that the accused was in need of money. Hence, on 05.07.2001, he obtained a hand loan of Rs.10,000/- from him and against the repayment, a cheque in dispute was delivered to him. The cheque in dispute was drawn on District Central Co-operative Bank Ltd., Branch Lohara, District Osmanabad. It was a postdated cheque. After one month, the accused requested the complainant that he could not arrange for the money. Hence, he sought the additional time of one month. Thereafter, the accused sought time on two occasions. Lastly, the time was extended till 31.12.2001. However, the ac