1. This Appeal is directed against the Judgment of acquittal passed in C.A.No.86 of 2011 on the file of the learned Additional District Judge, Fast Track Court No. III, Coimbatore, dated 17.09.2011 reversing the Judgment of Conviction sentencing the respondent to undergo simple imprisonment of 1 year and fine Rs.5,000/- and in default to undergo 3 months imprisonment vide the order dated 04.01.2011 in C.C.No.141 of 2008.

2. The sum and substance of this Appeal as follows :

It is the case of appellant S.R. David that the respondent D.Sridhar borrowed a sum of Rs.2,10,000/- on 15.07.2007 from him. It was agreed by him to repay the said amount within two months from date of borrow. However, the respondent failed to keep up his promise.

3. When the complainant/appellant demanded the above amount, the respondent issued a Cheque bearing No.245839 dated 08.01.2008 drawn on ING Viyasa Bank towards his liability. Accordingly as per respondent’s instruction the cheque was presented for encashment. However the cheque remained dishonored with an endorsement account closed. Thereupon a legal notice was issued to the respondent calling upon him to repay the amount. Even then as there was