R. Basant, J. : The complainant is the appellant. The prosecution initiated by him against the accused under Section 138 of the Negotiable Instruments Act ended in acquittal. He assails the said judgment.

2. The complainant alleged that Ext. P1 cheque for Rs. 72,750/- was issued by the accused to him for the due discharge of a legally enforceable debt/liability. The said cheque when presented was dishonoured by the Bank on the ground of insufficiency of funds. Notice of demand was issued. Payment was not effected as demanded. It was in these circumstances that the complainant came to Court with this prosecution under Section 138 of the Negotiable Instruments Act.

3. The accused denied the offence alleged against him and thereupon the prosecution examined PWs 1 to 4 and proved Exts P1 to P4. PW 1 is the complainant. PW 2 is the Manager of the drawee Bank. PWs 3 and 4 are examined to prove the transaction, and to explain the entries in Exts. D 1 and D2.

4. The accused did not dispute the fact that the cheque was issued by him to the complainant. It was admitted that an amount of Rs. 60,000/- was advanced by the complainant for repair of the vehicle of the accused. It was als