K. Ramanna, J.—This appeal is directed against the judgment and order of acquittal dated 30.7.2005 by the learned Civil Judge, Junior Division and Judicial Magistrate First Class, Harihar, in C.C. No. 799 of 2004 acquitting the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. Heard the arguments of the learned Counsel appearing on both sides and perused the documents.

3. The short point that arises for my consideration and decision is whether the appellant/complainant presented the cheque for encashment within six months from the date which is written on the cheque? If so, whether the order of acquittal passed by the Trial Court is perverse, incorrect or illegal?

4. It is seen that the appellant has filed the complaint through his power of attorney holder. The appellant-Company was running a period bunk dealing with the business of supply of petrol and diesel. The appellant had supplied petrol and diesel to the respondent to the tune of Rs.6,61,630/- and the cheque Ext. P2 drawn on State Bank of India, Harihar Branch, bearing No.0162016 for Rs.2 lacs came to be issued by the respondent to the appellant on 15.11.2003. Of co