Rohit B. Deo, J.—The appellant, who is the original complainant in Summary Criminal Case 915/2004 instituted under Section 138 of the Negotiable Instruments Act, 1881 (“Act” for short), is challenging the judgment and order dated 10.4.2006 passed by the learned Judicial Magistrate First Class, Buldana, by and under which the respondent/accused is acquitted offence punishable under Section 138 of the Act.

2. Heard Shri R.N. Ghuge, learned Counsel for the appellant. Since there was no appearance on behalf of the respondent-accused, at the request of the Court the learned Additional Public Prosecutor Shri H.R. Dhumale has fairly and ably assisted the Court.

3. The gist of the complaint is that the accused requested the complainant to extend hand loan of Rs.80,000/- in May 2003 since the accused was in financial difficulty. In view of the friendly relationship, the complainant extended hand loan of Rs.80,000/- which the accused agreed to refund as and when demanded.

4. Towards refund of the loan the accused issued cheque dated 25.11.2003 bearing 071551 for Rs.30,000/, cheque dated 28.11.2003 bearing cheque 071554 for Rs.9,500/, cheque dated 25.12.2003 bearing 071552 for Rs.20,