Tinlianthang Vaiphei, J.

1 This revision is directed against the judgment and order dated 8-6-2009 passed by the learned Chief Judicial Magistrate, Shillong in C.R. No. 369 (S) of 2004 acquitting the Respondent of the charge under Section 138, Negotiable Instruments Act, 1881 (NI Act).

2 The case of the Petitioner, who filed the complaint petition, is that the Respondent, who is a carrying on business under the name and style of "M/S Kojani's" at Dhanketi, Shillong, along with her two children, who were initially arraigned as the accused No. 2 and 3 but later on dropped by this Court, approached him for loan from time to time to meet their financial requirements and for meeting the treatment expenses of her ailing husband. In acknowledgement of the loan and for the repayment thereof, six different cheques bearing dated 23-2-2004 and one cheque amounting to Rs. 10,000/- dated 16.02.2004 were issued by her in his favour. The total loan amount comes to Rs. 2,10,000/-. The Respondent, however, requested the Petitioner to encash the cheques later on so that necessary funds could be arranged by her. In the meantime, the husband of the Respondent died sometime in the month of August