ORDER :

This Criminal Appeal is filed on behalf of the appellant, under Section 378(4) of the Code of Criminal Procedure, 1972 (for short, ‘the Cr.P.C’), against the acquittal of the accused/second respondent questioning the judgment, dated 13.06.2007 in C.C. No.690 of 2006 on the file of the Court of II Additional Chief Metropolitan Magistrate, Visakhapatnam (for short, ‘the learned Magistrate’). The present appellant is the complainant on the allegations of dishonour of cheque before the trial Court.

2. The case of the prosecution, in brief, before the trial Court, as per the complaint filed by the complainant under Section 190 Cr.P.C., is as follows :

The complainant and the accused are known to each other since long time. Accused took a hand loan of Rs.70,000/- from the complainant to incur her family expenses prior to 10.12.2005 and she issued a cheque for Rs.70,000/- in favour of the complainant towards payment of the debt amount. The cheque was dated 10.12.2005 drawn on State Bank of India, Maharanipeta Branch, Visakhapatnam. The complainant presented the cheque thrice on 10.12.2005, 18.02.2006 and 27.04.2006. In all those occasions, it was returned as ‘funds insufficient’ and