JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 22.04.2009 passed by learned Judicial Magistrate, First Class, Court No.1, Amb, District Una, vide which the complaint filed by the appellant (complainant before the learned Trial Court) was dismissed and the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). (Parties shall hereinafter be referred to in the same manner as they were arrayed-before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the complainant filed a complaint before the learned Trial Court for the commission of an offence punishable under Section 138 of the NI Act. It was asserted that the accused handed over a cheque bearing No.840242 dated 26.02.2006 for a sum of Rs. 70,000/- drawn on Kangra Central Cooperative Bank, Chintpurni to discharge her legal liability. The complainant presented the said cheque in his account for its realization. The complainant’s bank sent it to the bank of the accused; however, the cheque was dishonoured with an endor