JUDGMENT - R.K. BATTA, J.:---The appellant had filed a complaint under section 138 of the Negotiable Instruments Act, 1881 (hereinafter called 'the said Act'). Vide judgment dated 15th October, 1997 the Magistrate came to the conclusion that the appellant had failed to establish that the cheque in respect of which the proceedings were instituted was in respect of a debt legally enforceable. On this ground and also on account of the doubt raised as to whether the cheque in question was written by the respondent, though the signatures were not denied, the Magistrate gave benefit of doubt and acquitted the respondent. This acquittal is challenged in this appeal.

2.Learned advocate Shri Kholkar, appearing on behalf of the appellant, took me through the record including the Agreement dated 13th June, 1991 under which the respondent had agreed to pay a sum of Rs. 1,53,724/- to the appellant within a period of one year. He then pointed out that the dishonoured cheque in question, which was issued by the respondent on 19th July, 1996, amounts to acknowledgment of debt and, as such, the findings of the Magistrate that the debt was not legally recoverable are erroneous. He also urged before m

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