SURESHWAR THAKUR, J.

1. The complainant/appellant herein, is aggrieved, by the judgment of acquittal pronounced by the learned Judicial Magistrate 1st Class, Bilaspur, H.P., upon, Case No. 200/2 of 2006, on 31.07.2012, hence has instituted there from, the, instant appeal before this Court.

2. The facts relevant to decide the instant case, are that during the year 2003, accused Shashi Sharma, who was a registered contractor of P.W.D., and, his close friend entered into an oral agreement for sharing the profits of the business, on 50% basis and as such, the complainant financed the accused and used to deal with all works issued upon the name of the accused. The complainant has submitted that from the year 2003 to 2006, both of them worked jointly and the accused was under a liability of Rs.6,55,000/-, which was to be paid by the accused to him upto August 2006, but he paid only Rs.1 lac through cheque bearing No.072936 dated 25.8.2006, and, for the balance payment he issued another cheque No.789288 dated 30.8.2006 for Rs.5,25,000/- to discharge his legal liability. The said cheque was presented by the complainant with the banker for encashment, but it was dishonoured on the g