JUDGMENT :

1. By this acquittal appeal, appellant/complainant has challenged the legality and propriety of judgment of acquittal dated 12.08.2011 passed by the Judicial Magistrate First Class, Durg, Chhattisgarh in Complaint Case No.221 of 2011, whereby the trial Court has acquitted the respondent of the charge punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I. Act”).

2. Undisputed fact of the case, is that, the parties were known to each other and cheque in question (Ex.P/1) bears signature of accused.

3. Brief facts of the case, are that, accused wanted money for marriage of his daughter and on his demand, complainant Shailendra Kumar Tandi gave him Rs.63,000/- (Sixty-three thousand rupees). Accused Mangal Ram was about to take voluntary retirement and promised to pay amount thereafter. Accused given a cheque of Rs. 63,000/-(hereinafter referred to as “cheque in question”) to the complainant on 28.02.2004, which he deposited in his UCO Bank account, Civic Centre, Bhilai, Durg on 06.03.2004. Then, on 06/03/2004, memo vide Ex.P/3 was received from bank to the effect that amount could not be paid due to shortage of funds, upon which,