A.N. Jindal, J.—Special leave to appeal granted.

This appeal is directed against the order of acquittal dated 18.7.2005 passed by the Judicial Magistrate, 1st Class, Faridabad, vide which complaint under Section 138 of the Negotiable Instruments Act filed by Haryana State Small Industries and Export Corporation Limited against Laxmi Agro Industries regarding dishonouring of the cheque dated 23.3.1994 for a sum of Rs. 20,21,521 against the accused respondent (hereinafter referred to as ‘the respondent’) was dismissed and he was acquitted.

2. Facts in the background of the case are that the complainant Haryana State Small Industries and Export Corporation (hereinafter referred to as ‘the complainant’) was dealing in supply of iron and steel to small scale industries. The respondent was also one of its dealers. On 27.2.1994, the respondent purchased material for a sum of Rs. 29,66,721 against bill No.10672 dated 27.2.1994. Out of the aforesaid amount, the respondent paid a sum of Rs. 9,45,200 against the current cheque dated 28.2.1994 and for the balance amount a post-dated cheque No.765504 dated 23.3.1994 for a sum of Rs. 20,21,521 was issued. On 23.3.1994, when the complain