1. This appeal has been preferred by Kiran Finance Company, hoshiarpur through its Managing Partner, capt. Lakhwinder Singh Gill against order dated 26-2-2002 passed by learned Judicial Magistrate 1st Class, Hoshiarpur, whereby respondent-Sukhdev Kishan was acquitted in a complaint case No.9 of 18-11-1999 filed under sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the Act" ).

2. The case of the complainant shorn of details, is like this : respondent-Sukhdev Kishan had purchased a Matador bearing Registration No. HP-20-1444 vide Hire Purchase Agreement (Ex. DX) dated 20-5-1996 for an amount of rs.3,20,000.00 . The said amount was to be paid in 36 installments. In the event of failure, 4% overdue charges were also agreed to be paid on the defaulted amount. To discharge his partial liability, respondent sukhdev Kishan had issued a cheque No.570893 dated 24-9-1999 worth Rs.85,000.00 to the complainant-appellant, but, the same was dishonoured on account of insufficient funds. A legal notice dated 11-10-1999 (Ex. C6) was issued to the respondent to make payment but, of no avail. Ultimately, on these aforesaid allegations, complainant-appellant had filed a complaint