JUDGMENT

The complainant came up against the order of acquittal in a prosecution alleging offence under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act') against the accused based on a cheque of Rs.1,48,594/-. The trial court found that there is failure on the part of the complainant to prove the correctness and admissibility of Ext.D5 statement of account, based on which it is found that the cheque is not supported by the consideration as stated therein. Consequently, the accused was acquitted, against which the complainant came up.

2. Regarding the signature affixed as that of the accused in Ext.P1 cheque, there is no dispute. In fact, it is admitted by the accused that the signature found affixed in the cheque is belonged to him and affixed by him. Further, the cheque leaf was admittedly drawn from his account. No case was advanced that the cheque leaf with his signature was issued to any other person other than the complainant. What is advanced by way of defence by the accused through DW1, on