JUDGMENT

A.B. Chaudhari, J. - The appellant has filed the present appeal being aggrieved by judgment and order dated 24.07.2004 passed by learned Judicial Magistrate Ist Class, Jagadhri, by which the learned trial Judge recorded the order of acquittal of respondent-Vikram Bhatia @ Vikki in criminal Complaint No.192 of 1995 and thus dismissed the complaint under section 138 of Negotiable Instruments Act (in short, NI Act) filed by the appellant-complainant, for dishonour of cheque in the sum of Rs. 70,000/-.

2. In support of the appeal the learned counsel for the appellant has argued that the judgment recorded by the trial Court is completely perverse and contrary to the record. He submitted that the findings recorded by the trial Court are not based on evidence and on the contrary, the learned trial Judge recorded the facts and depositions on record in contradictory manner. He then submitted that the appellant had issued a statutory notice under section 138 of the NI Act to which no reply was given by the respondent-Vikram Bhatia @ Vikki nor any defence was taken at any point of time. Not only that respondent Vikram Bhatia did not even enter the witness box in his defence to testify