In this appeal filed under Section 378(4) of Cr.P.C , the complainant has challenged the acquittal of respondent/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I. Act'), by the Session Court by reversing the conviction imposed by the trial Court.

2. For the sake of convenience, the parties are referred to by their rank before the trial Court.

3. Complainant filed the complaint against accused contending that in the first week of June 2009, accused approached the complainant for financial assistance for the purpose of his business and availed hand loan of Rs.6,50,000/- on 10.6.2009. He agreed to repay the same within 10 months and issued a post dated 27.05.2010 cheque for Rs.6,50,000/-. On the direction of the accused when complainant presented the cheque for realization, it was returned unpaid/dishonoured with endorsement "Debit is not allowed". Complainant got issued legal notice to the accused, requesting him to pay the amount due under the cheque. Despite service of notice, the accused has neither paid the amount due nor sent any reply and hence the complaint.

4. After due service of summons, the accused has appeare