H.C. Mishra, J.—Heard learned counsels for both the sides.

2. This appeal is directed against the Judgment of acquittal passed by Shri S.K. Dubey, Judicial Magistrate, Jamshedpur, on 13.2.2006, in a Complaint case, being C1 case No. 166 of 2001, T.R. No. 514 of 2006, whereby, in the complaint case filed by the appellant complainant for the offence under Section 138 of the Negotiable Instrument Act, (hereinafter referred to as the N.I. Act), the Court below upon adjudication has acquitted the respondent accused, finding him not guilty for the offence charged.

3. The case of the appellant complainant, as made out in the complaint petition filed by the complainant M/s. Goyal Enterprises, is that the complainant is engaged in business of steel materials and it supplied the steel materials on credit to M/s Everest Electrical and Engineering Co. Pvt. Ltd. and pursuant thereto, the accused Ishta Narayan Mishra who happened to be the Managing Director of the said company issued two account payee cheques, bearing cheques Nos. 0956557 and 0956558 for Rs.82,155 and Rs. 1,31,078 respectively. The amount, in total, comes to Rs. 2,13,233. Both the cheques were issued on 15.9.2000 and were