Mr. Jitendra Chauhan, J.: (Oral) - This appeal is directed against the impugned judgments one dated 05.09.2012 passed by the learned Additional Sessions Judge, Jagadhri whereby the appeal of the appellant was dismissed on the ground of maintainability and order dated 01.10.2010, passed by the learned Judicial Magistrate Ist Class, Jagadhri, whereby the accused-respondent No.1 was acquitted from the charges framed against him under Section 138 of Negotiable Instrument Act.

2. Brief facts of the case in hand, as recorded in the opening para of the impugned judgment dated 01.10.2010, are reproduced as under:-

“1. This complaint has been filed by complainant M/s Arpit Finance through its proprietor Madhu Suman Gupta, under Section 138 of the Negotiable Instrument Act, 1881 (as amended upto date) against the accused Birdavinder.

2. As per allegations contained in the complaint, in discharge of existing liability accused issued a cheque bearing No.609684 dated 14.06.2007, for a sum, of Rs.2,84,875/- drawn on Bank of Baroda, Yamun Nagar in favour of complainant and assured the complainant that the said cheque will be honoured on its presentation.

3. The complainant accepted the ch