An appeal by special leave against acquittal.

2. The appellant preferred a complaint against the first respondent under S. 142 of the Negotiable Instruments Act, 1881 (for short 'the Act'), alleging an offence under S. 138 of the Act. The trial court by its judgment dated 31-12-1991 entered conviction, sentenced the accused to undergo rigorous imprisonment for one year and directed the accused to pay the complainant a sum of Rs. 40,000/- being the cheque amount with six per cent interest, with the default clause to undergo rigorous imprisonment for a further period of six months. A sum of Rs. 500/- as costs was also awarded.

3. Against that conviction and sentence, the accused preferred an appeal before the Sessions Court, and in the appeal, the conviction and sentence were set aside and the accused acquitted. It is against that acquittal this appeal on special leave is preferred.

4. The complaint was that the first respondent for consideration issued a cheque for Rs. 40,000/- on 9-1-1991, that the said cheque was presented for collection on 11-1-1991, that the same was dishonoured with the endorsement "refer to drawer", that the dishonour was due to insufficiency of fu