JUDGMENT :

1. The present acquittal appeal has been filed by the complainant against the Judgment dated 11.11.2021 passed in Criminal Complaint Case No. 807/2016 by the learned Judicial Magistrate First Class, Bilaspur, (C.G.), whereby the learned Trial Court acquitted the accused /respondent herein from the charge punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short ‘the N.I. Act’).

2. Brief facts of the case are that accused/respondent herein had given a cheque (Ex. P-1) bearing No. 719036 dated 15.10.2016 amounting to Rs. 1,00,000/- to the complainant for discharge of debt or liability amount, which was deposited by the complainant in his bank for withdrawal. The said cheque got dishonored due to insufficient funds in the account (Ex. P/2), information of which was given to the accused/respondent by the complainant in the prescribed time (Ex. P/ 3) but the accused/respondent did not pay the amount.

3. It is admitted fact that the accused/respondent herein and the complainant are known to each other and owing to the acquaintance, the accused/respondent borrowed Rs.1,20,000/- from the complainant on account of marriage of his sister. To repay the loan taken