1. The present appeal is directed against the judgment dated 21st September, 2016 passed by the learned Metropolitan Magistrate in CC No.536368/16 titled as ‘Rajender v. Yogender Tyagi, whereby the complaint preferred by the appellant under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘NI Act’) was dismissed and the respondent/accused was acquitted.

2. Brief exposition of the facts in the complaint are that the respondent approached the appellant for a friendly loan of Rs.3,00,000/-. Appellant acceded to the request of the respondent and advanced him the aforesaid loan amount. To discharge the liability, respondent issued cheque bearing number 054499 dated 15th November, 2010 for a sum of Rs.3,00,000/-. However, he requested the appellant not to present the cheque till 15th January, 2011 and sought further extension of time till 1st March, 2011. When the cheque was presented for encashment, it was dishonoured again vide return memo dated 7th March, 2011 with the remarks 'funds insufficient'. Legal notice dated 8th March, 2011 was sent to the respondent which was duly served upon him on 11th March, 2011. Since the respondent failed to make the payment withi