This appeal is by the complainant challenging the

acquittal of respondent/accused for the offence punishable

under Section 138 of the Negotiable Instrument Act ('N.I Act'

for short).

2.

For the sake of convenience, the parties are

referred to by their rank before the trial Court.

3.

It is the case of the complainant that accused and

others started a company by name Surya Micro Technologies

Private Limited, Bengaluru. It is a company to introduce IT

network service. Accused is the Managing Director of the

said company. Complainant was working as Marketing Chief

in the said company. He enrolled and introduced various

members to the company for the last 34 years. He was

working on fixed salary and incentive. The incentives which

complainant was entitled was not paid and in this regard he

was issued with Cash certificates dated 01.12.2003 for

Rs.27,756/- and Rs.18,99,547/-. After their maturity, he was

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not paid with the amount due under the said certificate.

When insisted upon, accused issued a post dated 10.06.2005

cheque for a sum of Rs.19,27,303/-. When complainant

presented the same to the Bank for encashment, it was

dishonored on the ground 'Account closed'. Compl