JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 22.11.2010, passed by learned Sessions Judge, Kullu, District Kullu, H.P. (learned Appellate Court), vide which the judgment of conviction and order of sentence dated 30.03.2009 passed by learned Judicial Magistrate, First Class, Manali (learned Trial Court) were set aside. (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 against the accused for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). It was asserted that the complainant is an agent of M/s A.M. Fruit Commission Agent, Delhi. He used to pay advance money to the fruit growers who used to send the fruits to M/s A.M. Fruit Commission Agent for sale. The accused is a fruit grower and has an orchard under the name and style of Shringi Orchard. The accused approached the complainant and demanded Rs.1,00,000/- as an advance, consisting of Rs.60,000/- in cash and packing material w