R. S. Chauhan J.—The appellant, Mr. Ramesh Chandra Baregama, is aggrieved by the judgment dated 17.10.2008 passed by the Additional Chief Judicial Magistrate, Kapasan, District Chittorgarh whereby the learned Magistrate has acquitted the respondent, Mr. Ramesh Chandra Joshi, for offence under Section 138 of Negotiable Instruments Act (‘the Act’ for short)

2. The brief facts of the case are that according to the appellant, the respondent had borrowed Rs. 1,46,000 from the appellant. In order to repay the said loan amount, the respondent had issued a cheque, cheque No. 468769, dated 25.3.2004, drawn on State Bank of Bikaner & Jaipur, Branch Kapasan. The appellant presented the aforesaid cheque. However, the said cheque was dishonoured by the Bank. Thereafter, the appellant sent a registered notice to the respondent on 25.5.2004. But despite the lapse of fifteen days, the said loan amount was not paid by the respondent to the appellant. Therefore, the appellant filed a complaint against the respondent. The statement of the complainant was recorded under Section 200 Cr.P.C. Subsequently, the learned Magistrate took cognizance against the respondent for offence under Section 138