JUDGMENT

H.S. Madaan, J. - This appeal is directed against the judgment dated 26.8.2008 passed by Judicial Magistrate First Class, Ambala City vide which he had dismissed complaint under Section 138 of the Negotiable Instruments Act filed by complainant Manohar Lal against accused Jagjit Singh.

2. Briefly stated the facts of the case are that complainant Manohar Lal had brought the complaint in question against accused Jagjit Singh on the allegations that on 9.10.2003 at instance of accused, who was acquainted with him earlier, he had advanced a loan of Rs.40,000/- to him. At that time the accused had promised to return the loan amount within a period of two months and in pursuance to fulfil his promise and to discharge his part of liability in the month of December 2003 he had issued a cheque bearing No. 571361 dated 22.12.2003 drawn on Oriental Bank of Commerce in the sum of Rs.30,000/-promising that on presentation the cheque would be encashed and that he would pay the remaining amount of Rs. 10,000/- within one month. However, when the complainant presented the cheque for encashment to his banker on 2.1.2004 the said cheque was dishonoured due to insufficiency of the amount. The