Mr. Ashutosh Mohunta, ACJ. : - The present appeal is directed against the judgment dated 01/08/2001 passed by the Additional Chief Judicial Magistrate, Panipat vide which the respondent has been acquitted for the offence under Section 138 of the Negotiable Instruments Act, 1881.

2. The brief snap shot of the present case capsuled in the complaint is that complainant is manufacturer and supplier of handloom fabrics, durries, bedcovers, furnishing fabrics etc. Accused purchased 100% cotton handloom durries from the complainant worth Rs.3,26,565.51 vide bill No.248 dated 25/09/1995 on credit basis. As part payment of the said amount, the accused issued a cheque No.47844 dated 26/09/1995 for Rs.2,00,000/-drawn on State Bank of India, G.T. Road, Panipat in favour of the complainant. The complainant presented the said cheque in his account which was with State Bank of India, Industrial Area, Panipat for payment but the same was dishonoured and returned to his bank by the drawee bank vide memo dated 28/09/1995. The complainant informed the accused with regard to the said lapse and on the same the accused assured the complainant that the same would be honoured if presented next ti