RAM PRASANNA SHARMA, J.

1. This acquittal appeal is preferred under Section 378 (4) of the Code of Criminal Procedure, 1973 against judgment dated 14.07.2014 passed by Judicial Magistrate First Class, Bilaspur (C.G.) in Criminal Case No. 324/2012, wherein the said court acquitted the respondent for commission of offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "the Act, 1881").

2. As per case of the prosecution, the appellant/complainant and the respondent were residing in the locality of Rajendra Nagar and were having family relation prior to February, 2012. In the month of January, 2012, the respondent was dire in family financial assistance and a cheque for sum of Rs. 2,00,000/- was given to the respondent by the appellant as loan and for discharging of loan, the respondent drawn a cheque of Rs. 2,00,000/- in favour of the appellant. The respondent thereafter shifted to Sambalpur District of Orrisa State and in spite of several efforts, the amount which had been taken by the respondent as loan, has not been refunded. The appellant produced cheque for clearance, but the same has been dishonoured on 6th September, 2012. The appellant sent legal