This appeal is filed against the order of acquittal. Notice was ordered on 8.3.1999, but, no effective steps were taken to serve notice on the accused. On 18.10.2006, this court granted a week's time to cure the defect and for taking fresh steps as last chance. So far, no steps were taken. Without service of notice and hearing the accused, an order of acquittal cannot be reversed. Therefore, non-taking of effective steps for serving notice on the accused is itself a ground for dismissing the appeal. However, since this is a criminal appeal, I have also gone through the merits of the case. Case of the complainant was that accused has issued cheque for Rs.1,25,000/- to him to discharge an existing liability and the cheque was presented before the bank for collection, but, it was dishonoured for insufficiency of funds. Therefore, he approached the Magistrate's court after completing the statutory formalities. Accused denied the transaction. The complainant who was examined as PW3 was not able to prove before the court when and how the liability occurred. According to him, he paid the amount to the accused by withdrawing the said amount from the
