JUDGMENT

D. Dash, J. - In this appeal under section 378 (4) of the Code of Criminal Procedure, 1973 the appellant assails the judgment dated 23.12.1999 passed by the learned J.M.F.C., Cuttack in ICC Case No. 230 of 1998 (373-T-99).

By the impugned judgment, the court below has held the respondent (accused) as not guilty of offence under section 138 of the N.I. Act and accordingly, the accused has been acquitted and consequent upon the same, the complaint filed by the appellant has been dismissed.

2. The case of the complainant in short is that he with Biswajit Mishra, Santosh Kumar Sahoo and accused had formed the partnership firm in the name and style of M/s. Software Associates for carrying on the business of training in computer software and management and other allied activities. It is stated that they had entered into the partnership deed on 02.04.1998 with contribution of Rs. 2.50 lakhs by each of them towards the capital of the said firm. It is further stated that subsequently due to some unavoidable circumstances, the complainant and another partner Santosh Kumar Sahoo desired to retire from the partnership and as per their mutual agreement, said partnership being dissolved,