M.R.Verma, J.: feeling aggrieved by the judgment dated 21.4.1995 passed by the learned Sessions-Judge, Solan whereby the judgment dated 29.4.1993 passed by the learned Chief Judicial Magistrate, Solan where by the accused was convicted under Section 138 of the Negotiable Instruments Act and was sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 10.000/-, in default of payment of fine, the accused was to undergo simple imprisonment for one month and a sum of Rs. 5000/- out of the amount of fine, if deposited, was to be paid to the complainant by way of compensation, had been set aside the accused has been acquitted, the appellant-complainant (here in after to be referred to as the complainant) has preferred the present appeal.

2. The case of the complainant, in brief, is that the complainant and the accused are agriculturists and also are carrying on the business as forest lessees. The accused allegedly borrowed a sum of Rs. 30,009/- from the complainant and in lieu thereof, the accused issued cheque dated 20.11.1989 Ex. PW-I/A in favour of the complainant. When the cheque was presented to the bankers, it was returned with the endorsement "refer t