1. - The complainant Om Prakash, partner of Rajasthan Yarn and Dan Udyog, filed criminal leave appeal to appeal under section 378 (4), Cr. P. C. against the judgment of acquittal dated 2.2.99 passed by CJM Tonk in criminal case No. 301 of 1995 whereby the accused respondent was acquitted of the offence under section 138 of the Negotiable Instruments Act. This court issued notice of the criminal leave petition to the respondent and the same was served upon him and he put in appearance through his counsel before this court. The application for criminal leave to appeal was allowed by this court on 23.5.2002 after hearing both the parties and the same was registered as Criminal Appeal No. 691 of 2002.

2. Brief facts giving rise to this appeal is that the complainant filed a criminal complaint under section 138 of the Negotiable instruments Act before the Judicial Magistrate Tonk wherein it was alleged that the complainant is doing a business in the name of Rajasthan Yarn and Dari Udyog. The accused gave a cheque No. 15.5.1995 for Rs. 22,000/- to him. The complainant deposited the said cheque in his bank on 17.5.1995 which was dishonored and received back with the remarks that t