JUDGMENT

Manish Pitale, J.—This is an appeal against acquittal filed by the original complainant. By the impugned judgment and order dated 30-03-2016, the Court of Judicial Magistrate First Class, Nagpur (trial Court) passed in Summary Criminal Case No.16722 of 2014, has acquitted the respondent (accused) for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the said Act’).

2. The case of the appellant was that she and the respondent were neighbours and that they had family relations. The appellant had lent amounts towards hand loan to the respondent for tuition fees of her daughter and some other expenses from 04-02-2013 to 18-07-2013 and that a total amount of Rs.1,63,000/- had been advanced to the respondent. According to the appellant, after much persuasion, the respondent had issued a cheque dated 11-03-2014 for an amount of Rs. 1,63,000/- towards the repayment of the said loan.

3. But, when the cheque was presented for encashment on 26-03-2014, it was dishonored for the reason “insufficient funds”. This fact was informed by the appellant to the respondent, who asked the appellant to again present the cheque for encashment after one month a