Kanwaljit Singh Ahluwalia, J.:- M/s Singh Finance (appellant) through its partner Pritpal Singh, had instituted a complaint in the Court of Judicial Magistrate (1st Class), Jalandhar against Davinder Singh under Section 138 of the Negotiable Instruments Act, 1881. It was stated therein, that the accused Davinder Singh on 29th May, 1999 had taken a loan of Rs.10,000/- from the complainant. The accused, in order to discharge his liability towards the loan, had issued a cheque bearing No.924760 dated 12.04.2001 for Rs.10,000/- drawn on Punjab and Sind Bank, New Sabzi Mandi, Jalandhar. The above said cheque was deposited by the complainant in Punjab and Sind Bank, New Grain Market, Jalandhar. The cheque was returned by the Banker on the ground that funds were insufficient. The cheque was returned vide memo dated 16th April, 2001. The complainant had sent a statutory notice before filing the complaint. Learned trial Court after completing trial and finding the complainant having failed to prove any offence, as agitated in the complaint against the respondent, acquitted the accused respondent of the accusation notice.

2. Aggrieved against the judgment of acquittal dated 7th May,