Mr. A.B. Chaudhari J. (Oral):- Being aggrieved by the order of acquittal dated 23.09.2004 passed by the learned Sub Divisional Judicial Magistrate, Jalalabad in case No.510- 2/29.9.97/22.8.2001/3 by which the learned trial Court acquitted the respondent for the offences under Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”) and under Section 420 of the Indian Penal Code (for short “IPC”).

2. None has appeared for the appellant.

3. Mr. C.M. Munjal, Advocate has appeared on behalf of the respondent.

4. With the assistance of the learned counsel for the respondent, I have gone through the entire record. Apart from the reasons furnished by the learned trial Court which I would quote afterwards, I find from the record that the notice Ex.P-2, under Section 138 of the N.I. Act issued by Surender Bajaj, Advocate, Fazilka shows that Para No.1 that the respondent/accused had taken loan of Rs.25,000/- from the appellant/complainant on 27.07.1990 by way of friendly loan through cheque bearing No.638731 dated 27.07.1990 drawn on State Bank of India Jalalabad. In para no.3, it is mentioned that in order to discharge legal liabilities and duty, the respondent