R.S. Chauhan, J.—The appellant, Ashok Leyland Finance Limited, is aggrieved by the judgment dated 10.8.2011 passed by Special Judicial Magistrate, N.I. Act Cases, No.2, Udaipur, whereby the learned Magistrate has acquitted Pratap Singh, respondent No.2, of offence under Section 138 of the N.I. Act (‘the Act’ for short).

2. Briefly, the facts of the case are that the appellant-company, was registered as financial institution to provide loan for buying vehicles. According to it, the accused-respondent took a loan of Rs. 8,60,000/- for buying a vehicle, registered as RJ- 27-G-7121. The accused-respondent was required to pay a total amount of Rs. 10,89,630/- in thirty-five installments. However, as the accused-respondent failed to pay the said amount, the vehicle was repossessed by the appellant; subsequently, it was sold in auction. According to the appellant, the accused-respondent had given a cheque, cheque no. 743389 dated 9.2.2006 for amount of Rs. 2,84,521/-. But when the said cheque was submitted for encashment, it was dishonoured. Therefore, the appellant sent a registered notice to the accused respondent. However, the said notice was returned with the noting that the ac