1. The Appellant abovenamed begs to prefer this Memorandum of Grounds of Criminal Appeal against the order of the Acquittal passed by the Learned II Metropolitan Magistrate, Egmore, Chennai-600 008 in C.C. No. 7273 of 2005 dated 15.2.2008 acquitting the accused for the offence under section 138 of Negotiable Instrument Act.

2. The Appellant filed this Criminal Appeal against the Judgment and order of acquittal of the Respondent/Accused passed in C.C. No. 7273 of 2005 dated 15.2.2008 on the file of the learned II Metropolitan Magistrate, Egmore, Chennai-600 008 for the offence under section 138 of the Negotiable Instruments Act.

3. The case of the Appellant /Complainant is that the Appellant/Petitioner Govindarajulu in his sworn statement alleged that the Respondent/Accused joined in the two chits conducted by him for Rs. 50,000/- and not regularly paying the monthly instalments. To overcome this, the Accused borrowed a sum of Rs. 1,00,000/- on 17.02.2003 for his debt agreeing to repay the same within two months and issued a postdated cheque dated 17.04.2003. After the period of two months, the Appellant/Complainant presented the said cheque for encashment through his branch