1. The second respondent (Ram Prakash Yadav) was summoned by the Metropolitan Magistrate on the complaint (CC No.6621/1/12) of the petitioner herein as presented on 11.12.2012, and put on trial for offence under Section 138 Negotiable Instruments Act, 1881 by notice of accusations under Section 251 of the Code of Criminal Procedure, 1973 (Cr. PC), issued and served on 12.08.2013. On conclusion of the trial, by judgment dated 16.07.2015, the respondent was acquitted. It is the said result of the complaint case which is assailed through the criminal appeal at hand, submitted with the leave of the court, under Section 378(4) Cr. PC, obtained on 01.02.2017.

2. The trial court record has been called for and perused. The learned counsel on both sides have been heard at length.

3. The background facts, as culled out from the trial court record, are that in the complaint before the Magistrate, the appellant (the complainant) alleged that the respondent (the accused) being on friendly and business terms had availed from the former a friendly loan of Rs.6 Lakh in August 2012 and had assured its repayment within one month and, for discharge of the said liability, had issued post-dated ch