JUDGMENT :

Mr. Harpreet Singh Brar, J. (Oral): This instant appeal has been preferred by the appellant complainant against the judgment of acquittal dated 12.07.2001 passed by learned Additional Sessions Judge, Gurdaspur in Criminal Appeal No.37 of 1999, vide which the judgment of conviction and order of sentence dated 17.11.1999 passed by learned Judicial Magistrate Ist Class, Batala in Complaint Case No.215/1 of 05.10.1995 filed under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’), was set aside.

2. Succinctly, the facts are that the respondent-firm through its sole proprietor Lakhbir Singh, issued two cheques bearing No.2188820 dated 25.05.1995 and 2188821 dated 25.06.1995, respectively, in favour of the appellant-firm for a sum of Rs.75,000/- each drawn on J & K Bank Ltd., Batala in order to discharge a legal liability towards the payment of paddy purchased by the respondent from the appellant-firm. Upon presentation of the said cheques for encashment, the same were dishonoured and returned vide memo dated 11.09.1995 on account of insufficiency of funds. Then, a legal notice was served by the appellant on 16.09.1995 upon the respondent demanding paymen