1. The complainant as an appellant challenging the judgment of acquittal passed by the learned Judicial Magistrate (Sub-Judge) at Mahe in C.C.No.47 of 2004 on 12.05.2005 acquitting the respondent/accused from charges under Section 138 of Negotiable Instruments Act, 1881 has preferred the present appeal.

2. The learned counsel for the appellant/complainant would submit that the appellant and the respondent entered into an agreement/Ex.D.2, dated 20.02.2003 by which the appellant agreed to invest a sum of Rs.6,00,000/- (Rupees Six Lakhs Only) in the business venture and the respondent/accused agreed to pay 35% of the profit within one year and if the business runs in loss, the respondent/accused agreed to return the money invested by the appellant with 22% interest. On the very same date of execution of the agreement, the respondent/accused issued Ex.P.1/Cheque for a sum of Rs.7,32,000/- without filling the date. Since the respondent/accused did not pay any money even after the time specified in the agreement, the appellant/complainant filled up the date and presented the Ex.P.1/Cheque for encashment. However, the said cheque was returned as 'insufficient funds'. The memo issu