JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. The appellant is the complainant and aggrieved by the judgment of acquittal passed by the learned Sessions Judge, Hamirpur on 28.4.2018 in Criminal Appeal No. 37 of 2016, has filed the instant appeal.

2. Notably, the only ground for setting-aside the conviction and sentence as imposed by the learned trial Court in a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘Act’) and ordering the acquittal of the respondent/accused, is contained in para-10, the relevant portion whereof reads as under:

"10.......Existence of legally recoverable debt is not a matter of presumption under Section 139 and thus the complainant has failed to establish that he had given the money to the tune of Rs. 3,40,000/- to the accused/appellant and the appellant was under liability to discharge any debt or any other liability. Since there is no pleading in the complaint as well as in the evidence that the complainant has sought the recovery of his exchequer amount along with interest and litigation expenses and he does not want any conviction of the accused."

3. Apparently, the learned Sessions Judge has not at all considered and borne in m