Suresh Kait, J.—Vide the instant petitioner, the petitioner has assailed the impugned judgment dated 12.10.2011 whereby, learned MM rejected the complaint filed by the petitioner and acquitted the respondent /accused.

2. Being aggrieved, the petitioner preferred an appeal before Ld. District Judge, Saket and the same was withdrawn as not maintainable.

3. Ld. counsel appearing on behalf of the petitioner submits that Advocate earlier appearing on behalf of petitioner/complainant before the Id. trial court could not pursue the case of the petitioner properly and there were so many lacunas in the case which resulted in the acquittal of the accused/respondent. Therefore, he prays that impugned judgment may be set aside and case may be ordered to be adjudicated afresh.

4. The facts of the case are that the respondent approached the petitioner for a friendly loan of Rs.2lacs and because the accused/respondent was known to him, he advanced the said loan to him.

5. It is further averred in the complaint that in order to discharge liability in relation to the aforesaid transaction, the accused/respondent issued cheque bearing number 125706 dated 16.02.2006 drawn on UTI Bank (now Axi