1. - The facts relevant for the disposal of this criminal leave to appeal in short are that complainant appellant Dharmesh Singh filed a complaint against accused-respondent Suresh for commission of offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as `the Act') with the allegations that accused respondent borrowed Rs. 70,000/- from him and for the repayment of the borrowed amount cheque No. 315400 amounting to Rs. 70,000/- was issued on 25.10.2005. The cheque was submitted for clearance on 14.1.2006, the same was returned with the remarks `stop-payment'. A notice was also served, which was duly received by the accused but no payment was made. In such circumstances the complaint was filed.

2. The trial court took cognizance of the offence and summoned the accused respondent, who appeared before the trial court and pleaded not guilty.

3. To prove his case the complainant appellant examined four witnesses and got exhibited six documents. In defence the accused respondent has admitted the facts regarding issuance of cheque and stopping payment of the same but pleaded that the complainant on 11.10.2005 had purchased two submersible pump sets am