Sudhir Kumar Saxena, J. –

This criminal appeal filed under Section 378(4) Cr.P.C. is directed against the judgment and order dated 22.9.2009 passed by Chief Judicial Magistrate, Sultanpur acquitting accused Om Prakash Shukla of the charges framed under Section 138 N.I. Act ('Act' in short).

2. I have heard Sri S.K. Mehrotra, learned counsel for appellant and Sri Jyotindra Misra, Senior Counsel for respondent-accused and gone through the record.

3. Prosecution case apparent from complaint and statements under Section 200/202 Cr.P.C. in brief is that Udai Shanker Misra appellant filed a complaint before Chief Judicial Magistrate, Sultanpur under Section 138 of the N.I. Act alleging that Om Prakash Shukla was granted license for running diesel-petrol outlet from Bharat Petroleum. Since he was short of the fund, sought financial help from complainant as his father Sri Shyam Narain Misra had recently retired from UCO Bank as Assistant Manager under voluntary retirement scheme. He had received Rs. 20,00000/- on retirement. Sri Shukla persuaded complainant's father who agreed and extended financial help to the tune of Rs. 16,00000/-, he executed a written-note on 19.10.2001 on a sta