JUDGMENT :

Ananya Bandyopadhyay, J.

1. This appeal is preferred against judgment and order of acquittal dated 11.08.2000 passed by the Learned Judicial Magistrate, 9th Court, Alipore in Case No. C-736/96 arising out of T.R.222/96 in a proceeding under Section 138 of the Negotiable Instruments Act, 1988.

2. The narrative of the complaint inter alia revealed that the appellant and the opposite party no.1 were acquainted with each other concerning sale and purchase of shawl. Out of the said business transaction Rs.1,60,000/-was to be paid by the opposite party no.1 to the appellant. On demand by the opposite party no.1 failed and neglected to pay the same. Lastly, on 06.03.1996 a salish was conducted and the opposite party no.1 in writing undertook to pay the said amount of money by installment and accordingly the opposite party no.1 issued a cheque of Rs.20,000/-, being Cheque No.200610 dated 06.03.1996 on Canara Bank, Gariahat Branch, Calcutta in favour of the appellant. The appellant deposited the said cheque at his account at Dena Bank, Kankulia Road Branch on 08.03.1996 for encashment but the said cheque was dishonoured and returned to the appellant with the remark “funds insufficie