JUDGMENT

Tarlok Singh Chauhan, J —The respondent No.1 has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act (for short ''Act'') by learned Judicial Magistrate 1st Class, Court No.1, Solan, District Solan, H.P. passed in Criminal Case No. 1136-3 of 2011/09 on 19.6.2017 and aggrieved thereby the appellant/complainant has filed the instant appeal.

2. Brief facts giving rise to the present appeal are that the appellant has filed the complaint against the respondent on the allegation that the respondent in discharge of his liability and for consideration towards the appellant, issued cheque baring No. 100133 dated 13.5.2009 for Rs.10, 000/-, cheque No. 100134 dated 13.5.2009 for Rs.10, 500/- and cheque No.100132 dated 15.6.2009 for Rs. 33, 600/- drawn on Union Bank of India, Branch Solan of Account No. 362002010777222 with the assurance that the same would be honoured on its presentation in the bank under all circumstances. However, when the appellant presented these cheques for its encashment in Baghat Urban Cooperative Bank Ltd., Solan, Branch who in turn sent these to the Union Bank of India, Solan, but were dishonoured and returned to the ap