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

2. This acquittal appeal arises out of the Judgment of acquittal dated th April 2007 passed by Shri Brajesh Kumar Gautam, Additional Sessions Judge, Fast Track Court-II, Ghatsila, East Singhbhum, in Criminal Appeal no. 285 of 2006, whereby the Judgment of conviction and Order of sentence dated 13.9.2006 passed by Shri S.C. Jaiswal, Sub Divisional Judicial Magistrate, Ghatsila, in C-1 Case no. 55 of 2001/ T.R No. 330 of 2006 has been set aside by the learned Appellate Court below and the respondent accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred as the “N.I. Act”), for which he had been convicted and sentenced by the Trial Court below.

3. The complainant, Prahalad Rai Agrawal, had filed the complaint bearing C-1 Case no. 55 of 2001 in the Court of Additional Chief Judicial Magistrate, Ghatsila, against the accused Arvind Kumar Sinha for the offence under Sections 420 and 406 of the Indian Penal Code and Section 138 of the N.I. Act. According to the complainant’s case, the accused and his wife Smt. Shobha Singh were in busines