Swapna Joshi, J. —This Appeal has been preferred by the complainant against the judgment and order dated 15.11.2005 thereby acquitting the accused/ respondent no.2 in Summary Criminal Case No. 873/2005 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “N.I. Act”).

2. The case of the complainant, in brief, is that the complainant Bank granted cash credit facility of Rs.10,000/- to the respondent no.2/accused Kisan, on 09.04.2001. The accused executed necessary documents in favour of the Bank. There was an outstanding amount of Rs.14,380/-. An award of Rs. 14,380/- was passed by the Assistant Registrar, Cooperative Societies, with interest thereon. On 01.03.2005, the amount due with interest was to the tune of Rs. 20,004/-. On 23.02.2005 a cheque was issued by the accused in respect of the loan outstanding against him for the amount of Rs.20,004/- bearing Cheque No.626151 thereby admitting his liability. The said cheque was issued by the accused towards outstanding amount and for crediting the same in the account of his father. The said cheque was presented in the Bank. However on 12.03.2005, it was dishonoured