JUDGMENT :

1. In the present case, dishonour of cheque number 651151 amounting to Rs.4,00,000/- (Four lac rupees) dated 02.02.2007 (Ex.P/1) of Punjab National Bank under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I. Act”) was in question.

2. It is an undisputed fact that complainant Ashok Saha is an Electronics businessman of Dallirajhara and accused Anup Khobraghade is an employee of Bhilai Steel Plant. Both the parties were known to each other being customer of complainant. It is also undisputed fact that cheque in question (Ex.P/1) bears the signature of accused Anup Khobraghade and parties have an account in Punjab National Bank, from where cheque in question was dishonoured on 12.02.2007. The reason for dishonour has been shown in memorandum of bank (Ex.P/3) that accused Anup Khobragade does not have sufficient funds in his account. Thereafter, Complaint Case No.123 of 2009 filed before the Judicial Magistrate First Class, Rajhara, District Durg, Chhattisgarh (hereinafter referred to as “trial Court”).

3. After considering the facts and circumstances of the case as well as after hearing both the parties, learned trial Court vide its judgmen