ARVIND SINGH SANGWAN, J.

1. Leave to appeal granted.

2. Registry is directed to number the same as criminal appeal.

3. Challenge in the present appeal is to the judgment dated 28.02.2013 passed by the trial Court vide which the respondent/accused namely Rajesh Kaushik was acquitted of the charges framed against him under Section 138 of the Negotiable Instruments Act (in short 'the Act') in criminal complaint No.1470-II of 2010.

4. Brief facts of the case are that the appellant has filed a complaint under the Act with the allegation that the respondent had obtained a loan of Rs.2,50,000/- from the complainant and had issued a cheque bearing No.501718 dated 16.08.2009 drawn on Union Bank of India, Hisar. The complainant/appellant has presented the cheque with his bank and the same was returned on 22.01.2010 with the remarks insufficient funds. Later on, the appellant had issued a legal notice dated 30.01.2010 and after affording 15 days time, when the accused failed to reply, the present complaint was filed.

5. The respondent/accused – Rajesh Kaushik was summoned. Thereafter, in view of the judgment of the Hon'ble Supreme Court in “Nitinbhai Sevatilal Shah and another vs Manubha