JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this appeal, filed under Section 378 of the Code of Criminal Procedure, the appellant has assailed the judgment passed by the Court of learned Judicial Magistrate, 1st Class, Karsog, District Mandi, H.P. in Criminal Complaint No. 555 of 2017, titled as Shri Ram Lal vs. Shri Mauji Ram, decided on 02.03.2020, filed under Section 138 of the Negotiable Instruments Act, vide which the complaint so filed by the present appellant stood dismissed by the leaned Court below.

2. Brief facts necessary for the adjudication of the present appeal are that the appellant herein filed a complaint under Section 138 of the Negotiable Instruments Act against the accused, on the ground that the accused was known to him and had borrowed an amount of Rs. 85,000/- from him in the month of October, 2016, in order to run his business of apples and other activities. In lieu thereof, he issued a cheque to him for an amount of Rs. 85,000/- drawn upon State Bank of India, Karsog Branch, dated 21.03.2017. The cheque when presented before the bank, was dishonoured, vide memorandum dated 21.04.2017, on the ground of Insufficient Funds. Thereafter, the complainant got issued