Chander Bhusan Barowalia, J.—The present criminal appeal, under Section 378 of the Code of Criminal Procedure, has been maintained by the appellant/complainant (hereinafter to be called as “the complainant”), against the judgment of acquittal, dated 14.08.2006, passed by learned Chief Judicial Magistrate, Kullu, District Kullu, H.P., in Complaint No. 279-1/2001, under Section 138 of the Negotiable Instruments Act (hereinafter to be called as “N.I. Act”)

2. The key facts, giving rise to the present appeal are that the complainant filed a complaint against the respondent/accused (hereinafter to be called as “the accused”) under Section 138 of the N.I. Act and alleged that he was the agent of M/s Arjun Kumar Dhanna Ram, Fruit Commission Agents, Azadpur, New Delhi and was dealing in fruits business and the accused was the fruit contractor, who used to take the orchards of various persons on contract basis and used to sell the fruits through different fruits commission agents including the firm of the complainant. The complainant being the agent of the aforesaid firm used to give money in advance to different fruit contractors and the accused also used to take advances from the