1. Feeling aggrieved by the acquittal order passed in favour of the respondent in CC No. 480/1 filed by the appellant before the learned Metropolitan Magistrate, present appeal has been preferred under Section 378(4) r/w Section 482 Cr.P.C.

2. Complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’) was filed by the appellant against the respondent, inter alia, on the allegations that the respondent took a loan of Rs.3,45,000/- with interest @ 18% per annum from the appellant on 15th January, 2006 for his daughter’s marriage with the promise that he would return the loan amount within two years. At that time the respondent issued various post dated cheques. Cheque No. 525360 amounting to Rs.12000/- dated 26th April, 2008 drawn on Central Bank of India towards partial discharge of his liability was dishonoured upon presentation with the remarks “funds insufficient”. A legal notice was served upon the respondent calling upon him to make the payments. However, on failure to pay the amount, the complaint was filed. By the impugned judgment dated 23rd August, 2011, learned ACJ-cum-ARC, North West Rohini referred to the provisi