P.K.LOHRA,J. - (1.) Petitioner-complainant has preferred this revision petition under Section 397 read with Section 401 Cr.P.C., challenging impugned judgment dated 22nd of November 2014, passed by Additional Sessions Judge, Raisinghnagar, District Sriganganagar (for short, 'learned appellate Court'), whereby learned appellate Court has affirmed judgment dated 22nd of March 2011, rendered by Judicial Magistrate, First Class, Srivijaynagar (for short, 'learned trial Court'), acquitting accused-respondent for offence punishable under Section 138 of the Negotiable Instrument Act, 1981 (for short, 'Act of 1981') by extending him benefit of doubt.
(2.) Facts, in brief giving rise to this petition, are that petitioner filed a complaint before learned trial Court against respondent No.1 stating therein that he was in good terms with accused-respondent and he loaned a sum of Rs.1,50,000/- to the respondent for his domestic purposes, who assured him that he would return back the borrowed money as early as possible. Against the said borrowings, on 10th of November 2014, accused-respondent issued a cheque bearing No.17044, however, when the said cheque was presented before the Bank, same was dishonored with the remark that "matter under litigation". Thereafter, on 28th March 2005, the petitioner-complainant sent a legal notice to the accused-respondent, which was received by him on 2nd of April 2005.
(3.) In order to support his case, petitioner-complainant examined one witness and exhibited eight documents. On the other hand, accused-respondent examined two witnesses and produced documentary evidence. After hearing learned counsel for the parties, learned trial Court, vide judgment dated 22nd of March 2011 acquitted the accused-respondent by extending him benefit of doubt.;