This appeal is directed against the order dated 20-2-2001 propounded by Chief Judicial Magistrate, Udhampur in File No. 7 of 1997. By the aforesaid order, the Trial Court acquitted the accused for offence under S. 138. Negotiable Instruments Act (hereinafter referred to as "the Act") on the ground that requirement of Clause (c) of the proviso to S. 138 of the Act has not been fulfilled.

Facts relevant for the disposal of this appeal summarily may be recited. Appellant Subhash Chander engaged in the business of poultry feed filed a complaint in the Court of CJM, Udhampur in alleging that he had supplied the poultry feed to Pritam Singh accused respondent and an amount of Rs. 36,602/- was outstanding against him. The accused, when approached by the Complainant, issued a Cheque No. 659782 for the amount outstanding against him to be drawn on State Bank of India Branch, Garhi, in discharge of his liability, on 15-5-1997. The cheque was dishonoured, when presented in the Bank by Complainant and returned with a memo of "Insufficient Fund", on 20-5-1997 under Clause (b) of the proviso to S. 138 of the Act, after the dishonour of the cheque, the payee or the holder in due course made a dem

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