JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The present criminal appeal has been maintained by the appellant-complainant (hereinafter to be called as “the complainant”) against the judgment dated 01.09.2009, passed by learned Judicial Magistrate First Class (1), Palampur, District Kangra, H.P. in Criminal Case No. 6-III/2008, whereby the complaint under Section 138 of the Negotiable Instruments Act (hereinafter to be called as “the Act”) has been dismissed.

2. Succinctly the facts giving rise to the present appeal are that the complainant filed a complaint against the respondent-accused (hereinafter to be called as “the accused”) under Section 138 of the Act, wherein it has been alleged the complainant has been running a shop under the name and style of General Sales Agency, Cinema Road, Palampur and the accused had purchased certain articles from the complainant. In order to make the payment and liquidate his legal liability, the accused issued cheque No. 401430, dated 01.10.2007 for Rs. 20,000/- drawn at State Bank of India, Palampur in favour of the complainant. After receipt of the cheque, the complainant presented the same in his bank, i.e. State Bank of India, however, the cheque