1. This appeal is directed against the order of acquittal in S.T.C. No. 1628 of 2006 on the file of the Learned Judicial Magistrate

2. The case of the Appellant/Complainant is as follows: On 14.1.2006 the Respondent herein issued a post dated cheque bearing No. 251170 drawn on S.D.C. Co Operative Bank, Kangavalli Branch for the amount of Rs.15 Lakhs borrowed from the Appellant/ Complainant on 21.10.2005 and executed a pro-note in favour of the Appellant. The Respondent/Accused requested the Appellant/Complainant to present the cheque for collection on 28.9.2006 and accordingly the cheque was presented and on the same day it was dishonoured due to “funds insufficient”. The Appellant/Complainant issued Mandatory Notice dated 5.10.2016. After the expiry of 15 days the Respondent/Accused sent his reply on 18.10.2006. As the Respondent failed to make payment, the Appellant/ Complainant preferred the complaint.

3. The Respondent/Accused completely denied the case of the Appellant that he borrowed Rs. 15 Lakhs from the Appellant/Complainant, execution of pro-note dated 21.10.2005 and issuance of cheque dated 21.4.2006. There was no liability on the part of him in honour to the che