JUDGMENT

Vinod S. Bhardwaj, J. - The question which arises for consideration in the instant appeal is as to whether an accused would be held liable for conviction in an offence under Section 138 of Negotiable Instruments Act, merely on the strength of a fact that the signature on the cheque in question is not in dispute?

2. The present appeal has been filed against the judgment dated 26.09.2008 passed by Chief Judicial Magistrate, Tarn Taran, thereby acquitting the respondent-accused of the charges under Section 138 of the Negotiable Instruments Act, 1881.

FACTS

3. Before adverting to the merits of the instant case, facts in brief as have led to the filing of the present appeal are adverted to. The appellant instituted the criminal complaint No.46 dated 30.09.2004 for offence under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, alleging that the complainant is a partnership firm and is engaged in the business of merchant and commission agent at Grain Market, Tarn Taran. It is alleged that the respondent-accused used to bring his crops for sale at the shop of the complainant and get money as loan from the firm of the appellant-complainant for his personal ne