1. This Appeal is directed against the Judgment of acquittal passed in C.A.No.87 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 10.05.2011 in C.C.No.191 of 2008.

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

It is the case of appellant Dhankuskodi that the respondent D.Sridhar borrowed a sum of Rs.1,50,000/- on 07.06.2007 from him. It was agreed by him to repay the said amount within end of October 2007. 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.245837 dated 20.02.2008 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 no payment