HIMA KOHLI, J. (Oral)

1. The present petition has been filed by the petitioner/complainant under Section 378 Cr.PC craving leave to assail the judgment dated 28.3.2006 passed by the learned ASJ in Crl.A. 3/2006, whereby the order on conviction dated 6.12.2005 and order on sentence dated 18.1.2006 passed by the learned MM in CC No.136/1/02 were set aside and the respondent No.2 was acquitted of the offence under Section 138 of the of the Negotiable Instruments Act.

2. The brief facts of the case as set out by the petitioner in the complaint filed by him under Section 138 of the Negotiable Instruments Act (for short Rs.the Act’) are that in the month of December 2001, he had advanced a loan of Rs.72,000/- to the respondent No.2 and the latter had promised to return the loan amount in the first week of January 2002. The respondent No.2 had allegedly issued a cheque bearing No.958882 dated 4.1.2002 for a sum of Rs.72,000/- drawn on Bank of Maharashtra, Vivek Vihar in favour of the petitioner towards the discharge of his liability. However, as per the memo dated 15.3.2002, issued by the bankers of the petitioner, when he had presented the said cheque for encashment, the sam