JUDGMENT :

1. The Criminal Appeal is directed against the order of acquittal passed under Section 256 Cr.P.C. in C.C.No.303 of 2016 on the file of Special Judicial Magistrate of I Class (Excise), Eluru (for short, “the trial Court”) whereby the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the N.I. Act”) by the appellant against the 2nd respondent for the dishonour of cheque issued towards discharge of legally enforceable debt, was dismissed and accused was acquitted on account of the absence of the complainant on the date of hearing.

2. Heard Sri Ramakrishna Akurathi, learned counsel for the appellant and Additional Public Prosecutor for the 1st respondent-State. Despite the service of notice on the 2nd respondent/accused, he did not appear either in person or counsel representing on his behalf.

3. The appellant is the complainant in C.C.No.303 of 2016 before the trial Court. He filed a complaint under Section 138 of the N.I. Act against the 2nd respondent herein, accused in the said case, on the ground that the Cheque issued for Rs.11,00,000/- on 20.04.2015 by the 2nd respondent towards the discharge of legally enforceable debt was dishonoure