M P SALIM Vs. MOHAMMED ALI K

JUDGEMENT

(1.) THIS appeal is filed against the order of acquittal passed under Section 255(1) of the Code of Criminal Procedure ('the Code' for short).

(2.) THE appellant is the complainant. He filed a complaint against first respondent alleging offence under Section 138 of the Negotiable Instruments Act (for short, 'the Act'). As per the allegations in the complaint, the accused borrowed Rs.2,00,000/- from the complainant on 30.9.2000. THE accused demanded the said sum from the complainant for the purpose of repaying a debt which he had incurred to another person. At the time of borrowing the money, accused promised to pay back the same to the complainant by selling his mother's property and house within a month.

(3.) THE trial court analysed the evidence adduced on both sides and held thus :