ORDER :

1. Challenge in this appeal is the judgment of acquittal dated 24.01.2014, passed by learned Judicial Magistrate First Class, Raigarh, in Criminal Case No. 61 of 2012, whereby the Respondent No.1 has been acquitted from the offence under Section 138 of the Negotiable Instruments Act, 1881 (in short “NI Act”).

2. The brief facts of the case are that the Appellant/complainant and Respondent No.1/accused are well acquainted and they are having business transactions with each other. On account of necessity of fund for the business transaction, Respondent No.1/accused has borrowed Rs.77,000/- from the Appellant with the assurance to refund it in near future. When the amount was not repaid, on the demand of Appellant/complainant, Respondent No.1/accused had given him two cheques, bearing Cheque No. 009839 dated 21.04.2007, amounting to Rs.60,000/- and Cheque No. 009841 dated 25.04.2007, amounting to Rs. 17,000/-, which was of the account of Respondent No.1 running at Raigarh Nagrik Sahkari Bank Maryadit, Raigarh. When the said cheques were deposited in the account of Appellant/complainant, the same was dishonored by the Payee Bank on 18.07.2007 for want of sufficient balance in the