The complainant, having failed in its attempt to get a conviction against the accused in C.C.No.1439/1993 under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act'), has preferred this appeal.

2. The facts leading to criminal case and acquittal:

(a) The accused/respondent in the course of the business transaction, approached the complainant for financial assistance of Rs.27,00,000/-, to purchase 6000 bags of wheat at the rate of Rs.450/- per bag, as per the conditions agreed in the letter dated 10.8.1992. Accordingly, a sum of Rs.27,00,000/- was advanced by bankers cheque dated 11.8.1992. The accused agreed to pay the financial charge of Rs.15 per bag for 15 days and 50 paise per bag for 15 days as godown rent. In pursuance of the agreement, the accused stored only 5930 bags of wheat and issued 3 bills also. The accused unable to sell the above said 5930 bags of wheat, requested the complainant to purchase the same at Rs.445/- per quintal, as per the market rate prevailed in the last week of August 1992. He also further assured, that he would pay the difference of Rs.5/- between the sale price per bag of Rs.445/- and the price quoted in the bills v