(1.) Impugning the judgment dtd. 9/11/2022 passed in C.C.No.410 of 2017 on the file of the Court of II Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class, Palakol acquitting the Accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881(For short 'the N.I.Act') the Appellant/Complainant preferred the present appeal.
(2.) The case of the Complainant is that, the Accused had borrowed an amount of Rs.3,00,000.00 from him by way of hand loan. Thereafter, inspite of several demands of the Complainant, the Accused had issued a cheque bearing No.693337, dtd. 5/9/2007 for an amount of Rs.3,00,000.00 drawn on ICICI Bank, Vijayawada. On presentation of the said cheque before State Bank of Hyderabad, Palakol branch for collection, the same was returned as there were no sufficient funds in the account of the Accused vide return memo dtd. 11/9/2017. As such, on 3/10/2007 the Complainant got issued a legal notice to the Accused demanding him to pay the cheque amount, and having received the said notice, the Accused neither paid any amount nor gave any reply to the Complainant. Hence, the complaint.
(3.) During the course of trial, on behalf of the Complainant, he was examined as P.W.1 and Exs.P.1 to P.6 were marked. On behalf of the defence, no oral or documentary evidence is adduced. After hearing both the counsel and on appreciation of the evidence on record, learned Magistrate found the Accused not guilty of the offence punishable under Sec. 138 of the N.I.Act and acquitted him under Sec. 255(1) of the Code.