1. This is the complainants appeal on special leave granted by this Court under the provisions of Section 378(4) of the Code of Criminal Procedure directed against the judgment of acquittal passed by the Court below in C/1 Case No. 705/98 (T.R. 751/A/03).

2. The case of the complainant appellant was that it is partnership firm dealing in business of sale of building materials, namely cement, iron rods etc. having its place of business at Cinema Road, Parsudih, Jamshedpur and the accused is a supplier, of such building materials. According to the complainant the respondent, opposite party No. 2 used to purchase the building materials regularly from the complainant. The price, on purchases, were sometime paid in cash and sometime purchases used to be on credit. In course of time sum of Rs. 2,36,522.68 had become due against the accused respondent No. 2 towards prices of the building materials supplied on credit by the appellant. The said outstanding dues was duly acknowledged by the accused, respondent No. 2. The appellant demanded the said dues from the respondent No. 2 and in response thereof an account payee cheque for the said amount bearing No. 049642 dated 9-9-1998 drawn