H.C.Mishra, J. Heard learned counsels for both the sides and perused the record.

2. This Acquittal Appeal is directed against the Judgment of acquittal dated 14th December 2007 passed by Sri Uttam Anand, Judicial Magistrate, Jamshedpur in C/1 Case no. 379 of 2000 / Trial No.1328 of 2007, whereby, upon adjudication of the case, the Court below has found that the complainant has not been able to prove the case and bring home the acquisition under Section 138 of the Negotiable Instrument Act against the accused beyond all reasonable doubts and has acquitted the accused of the acquisition.

3. According to the complainant's case, as made out in the complaint petition filed by him, it appears that the complainant is a businessman having a proprietorship business of medicines. The complainant sold medicines to the accused vide Bill No. 24 dated 17.3.1999 amounting to Rs. 18,398.86/-and Bill No. 001 dated 10.5.1999 amounting to Rs. 55,197.66/-total being Rs. 73,596.52/-, on credit and said medicines were delivered to the accused, who promised to repay the credited amount after one month. After several reminders, the accused issued a cheque drawn upon Vijaya Bank, Dhanbad Branch for an