JUDGMENT

Jasjit Singh Bedi, J. (Oral) - The prayer in the present petition is for setting aside the impugned judgment dated 11.04.2017 passed by the learned Additional Sessions Judge, Hisar, whereby the respondent-accused has been acquitted on an appeal instituted by him against the judgment of conviction dated 17.09.2013/19.09.2013 passed by the learned Chief Judicial Magistrate, Hisar.

2. The brief facts of the case are that a complaint under Section 138 of Negotiable Instruments Act was filed by the complainant/petitioner on the allegations that complainant was a partnership firm registered under the Partnership Act. Sh. Brijender Beniwal son of Sh. D.N. Beniwal was partner of the complainant firm. It was alleged that for discharging of an existing, outstanding and legally enforceable liability, the accused in favour of the complainant issued a cheque bearing No.852125 dated 31.08.2009 for a sum of Rs.1,90,000/-drawn on ICICI Bank Limited, Hisar. The above-said cheque was issued with the assurance that the same would be honoured as and when presented with the bank for collection. On the assurance of the accused, the complainant presented the said cheque for collection with his ban