JUDGMENT

The present appeal is directed against judgment dated 27.09.2018 passed by the learned Judicial Magistrate 1st Class (Special Mobile Magistrate [Electricity]), Batote (hereinafter to be referred as “the trial Court”), whereby the respondent has been acquitted of offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as “the NI Act”).

2. It appears that the appellant/complainant had filed a complaint under Section 138 of the NI Act against the respondent/accused alleging therein that the accused had issued two cheques dated 10.03.2016 for an amount of Rs. 2,00,000/- and Rs.50,000/- in favour of the appellant/complainant in order to liquidate the outstanding amount, which the respondent/accused owed to the appellant/complainant. It was pleaded by the complainant that the accused had purchased building material from him and in order to liquidate the part payment on account of cost of the building material, the respondent had issued the aforesaid cheques in favour of the appellant/complainant. It seems that when these cheques were presented for encashment by the appellant/complainant with his banker, the same were returned unpaid on accou