1. This Criminal Appeal arises out of the judgment of acquittal dated 04.09.2012 made in C.C.No.32 of 2011 on the file of the learned Judicial Magistrate No.I, Kanchipuram.

2. The appellant as a complainant preferred a private complaint under Section 138 of Negotiable Instruments Act stating that the respondent/accused and the appellant/complainant entered into a lease agreement and fixed the lease amount as Rs.15,40,000/- and on 13.01.2009, they entered a memorandum of understanding. The complainant has paid the lease amount on various dates and the respondent/accused had also given the receipt for the same. When the appellant/complainant prepared to carry on the business, he came to know that there were no fundamental amenities required for BPO available in the premises. Hence, he cancelled the agreement and asked for the repayment of the same. Only after repeated demands, the respondent/accused along with the letter dated 22.12.2009, which is marked as Ex.P.2 acknowledging his subsisting liability to repay the lease amount, gave three cheques drawn on the State Bank of India, Anna Nagar, Chennai, bearing different dates for different amounts i.e. 05.01.2010 for Rs.50,00