JUDGMENT :

Harpreet Singh Brar, J.

The present application under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') is preferred against the impugned judgment of acquittal dated 16.11.2018 passed by learned Judicial Magistrate Ist Class, Yamunanagar at Jagdhri in complaint under Section 138 of the Negotiable Instruments Act (hereinafter 'NI Act').

FACTUAL BACKGROUND

2. Briefly, the facts are that the applicant-complainant engaged in business of timber with the respondent-accused. In July 2016, the respondent placed an order for fuel wood with the applicant amounting to Rs.1,60,925/- against credit memo/bill no. 05 dated 16.07.2016, no. 06 dated 18.07.2016, no. 07 dated 20.07.2016, no. 08 dated 22.07.2016 and no. 09 dated 25.07.2016. To discharge his liability, the respondent issued a cheque bearing no. 353065 dated 17.08.2016 for a sum of Rs.1,60,000/-. On presentation, the cheque was dishnonoured vide memo dated 18.08.2016 with the remarks- 'Exceeds Arrangement.' Thereafter, a legal notice dated 26.08.2016 was issued to the respondent. Since the respondent failed to make the requisite payment, the present complaint was filed on 15.09.2016.

3. On finding a pr