S.S.Saron, J.

1. The complainant-appellant M/s. Capital Leasing and Finance Company Ltd. in this appeal has assailed the order dated 3.2.1998 passed by the learned Judicial Magistrate Ist Class, Chandigarh, whereby the complaint of the appellant under Section 138 of the Negotiable Instruments Act, 1882 (`N.I. Act for short) has been dismissed and the respondent acquitted.

2. The complainant-appellant M/s. Capital Leasing and Finance Company filed a complaint under Section 138 N.I. Act against the respondent on the allegations that the complainant is a partnership firm having its registered office at Chandigarh and A.S. Bindra in its partner who has been duly authorised to file the complaint. It is stated that the respondent issued a cheque dated 13.1.1993 for an amount of Rs. 1.00 lac drawn on the New Bank of India, Sector 26-D, Chandigarh to the complainant towards repayment/discharge of his debt liability towards the appellant-firm. The said cheque was duly presented to the bankers of the respondent by the complainant (appellant) through their bank but was returned back unpaid with the endorsement of "Insufficient Funds" by the Bankers of the respondent. After the cheque