C.R. Sarma, J.

(1) This appeal, under Section 378(i) of the Cr.P.C., 1973 (for short, Cr.P.C.), is directed against the judgment and order, dated 07.01.2008, passed by the learned Judicial Magistrate 1st Class, Sivasagar, in CR Case No. 265/2006 under Section 138 of the Negotiable Instrument Act, 1881 (for short, NI Act), whereby the learned Magistrate, at the conclusion of the trial, acquitted the accused person and set him at liberty.

(2) Aggrieved by the said judgment of acquittal, the complainant, as appellant, has come up with this appeal.

(3) The complainant’s case, may, in brief, be stated as follows:

The accused person i.e. the respondent, on 01.07.2005, took an amount of Rs.5 (five) Lakh as loan from the complainant with assurance to repay the same with an interest of Rs.20,000/- and accordingly, he issued a post dated cheque, dated 15.09.2006, amounting to Rs.5,20,000/- only. In due course, due to failure on the part of the respondent to pay the said amount, the complainant, on 18.09.2006, presented the said cheque with the Kanara Bank, Sivasagar Branch for encashment. But, the cheque was dishonoured due to insufficient fund, for which, the complainant issued a n