P.C.:

1. The applicant- orig. complainant has filed this application for leave to file appeal against the judgment and order dated 26th February, 2007 passed by the learned J.M.F.C. Phaltan in S.C.C. No.449 of 2002. By the said judgment and order, the learned Magistrate acquitted respondent - orig. accused of the offence under Section of 138 of N.I.Act.

2. The case of the complainant is that he had given a contract to the accused for construction work. However, the accused did not complete the construction as per the contract hence the accused had to refund the amount of expenses of Rs.58,000/-. In respect of the said amount of Rs.58,000/-cheque in question came to be issued by the accused. As the cheque was not honoured, complaint came to be filed.

3. I have heard the learned Counsel for the applicant-Orig.complainant and the learned Counsel for respondent No.1-orig.accused. Perused the judgment and order of the learned Magistrate as well as the evidence which has been annexed.

4. Thelearned Magistrate has acquitted the respondent No.1-orig.accused on two grounds viz. firstly on the ground that there is no material to show that there is any legally enforceable liabil