Ajay Mohan Goel, J.

This petition has been filed against the judgment passed by learned Additional Sessions Judge, Fast Track Court, Solan in case No. 1FTC/10 of 2008 dated 19.6.2008 vide which, the appellate Court has allowed the appeal filed by the present respondent against the order of conviction passed by the Court of learned JMIC, Kandaghat, Camp at Solan, HP in Criminal Case No. 5/3 of 2007/2004 dated 5.12.2007 under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as the ‘Act’).

2. Facts of the case in brief are that a complaint was filed by respondent alleging therein that he and accused were related to each other and accused deals in the business of timber and is also a forest contractor. The accused, who is also a forest contractor asked for money from the complainant for discharging his liabilities qua payments to be made to the labourers and also for the purpose of marriage of his daughter. On this count, the complainant on various dates advanced an amount of Rs. 2.50 lacs to the accused. Thereafter to discharge his liability, the accused issued a cheque dated 1.7.2003 in his favour for an amount of Rs. 2.50 lacs i.e. cheque No. 7