ORAL JUDGMENT :- Being aggrieved by the acquittal of the accused recorded by the learned Judicial Magistrate First Class Court No.2 Nagpur in complaint case No. 82/1997, the complainant has preferred this appeal. .

2. The complainant approached the Court of Judicial Magistrate First Class Nagpur with a complaint of offence punishable under section 138 of Negotiable Instruments Act on the following facts. The complainant and the accused had cordial relations and were acquainted with each other. The complainant therefore wanted to deposit his savings with the accused and accordingly made deposit sum of Rs. 50,000/- on 12-12-1990, Rs. 10,000/- on 4-1~1991, Rs. 28,000/- on 12-2-1991 and Rs. 12,000/- on 5-4-1991. The complainant was in need of money and, therefore demanded its return in the month of March, 1996. Since the amount deposited with the accused was to bear interest and the accused represented to the complainant that he will be able to refund the amount only in December, 1996, the complainant accepted cheque No. 51719 dated 5-12-1996 issued by the. accused for a sum of Rs. 2,22,000/- drawn on Nagpur District Central Co-operative Bank Limited, Ramnagar Branch, Nagpur. The compl

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