Hon'ble CHAUHAN, J.—The appellant, Dinesh Bansal, is aggrieved by the judgment dated 25.11.2008 passed by Judicial Magistrate (1st Class), Abu Road, District Sirohi, whereby the learned Magistrate has acquitted the respondent, Rajendra Kumar Agarwal, for offence under Section 138 of the Negotiable Instruments Act ('the Act', for short).

2. Briefly, the facts of the case are that Dinesh Bansal had submitted a complaint under Section 138 of the Act, and under Section 420 IPC, wherein he had claimed that Rajendra Kumar Agarwal had taken loans from him on different dates. In order to repay the loan, he had given a cheque, bearing No.0422692, dated 14.07.2004, for an amount of Rs.2,80,182/-. When the said cheque was deposited for encashment, it was dishonoured. Subsequently, the complainant sent a registered notice on 17.07.2004 to the accused-respondent. However, accused-respondent came to the complainant and told him that his economic condition was not too well. Therefore, adding an interest @ 36% for the amount due, the accused-respondent gave him another cheque, Cheque No.422696, for total amount of Rs.2,97,120 on 14.09.2004. The said cheque was deposited for encashment. However, on

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