T.V. Nalawade, J. –

The appeal is filed against the judgment and order of acquittal of S.C.C. No.4564 of 2000 which was pending in the Court of learned J.M.F.C., Parbhani. The learned J.M.F.C. has acquitted the Respondent in a private complaint filed under section 138 of Negotiable Instruments Act by the appellant. Both the sides are heard.

2. The complainant Smt. Laxmibai and accused Raosaheb are close relatives. It is the case of the complainant that the accused was in need of money as he wanted to purchase a flat and so he had asked for hand loan of Rs.2.5 Lakh. He wanted this money for a period of three months. It is contended that due to the relationship, the complainant gave a hand loan of Rs. 2.5 Lakh and the accused assured to return the money within three months. It is contended that the cheque of similar amount bearing No. 786784 drawn on Marathwada Gramin Bank branch Asola was given by accused for repayment of loan and it was a post dated cheque.

3. It is the case of the complainant that when the amount was not paid she presented the cheque for encashment and the cheque bounced with the remark that there was instruction/direction from the account holder to stop th