JUDGMENT :

(Prayer: Criminal Appeal preferred under Section 378 Cr.P.C., against the judgment dated 18.02.2011 made in C.A.No.2 of 2007 passed by the learned Additional Sessions Judge/Fast Track Court No.II, Ranipet, Vellore in reversing the Judgment dated 10.04.2007 made in C.C.No.210 of 2002 passed by the learned District Munsif Cum Judicial Magistrate, Arcot.)

1. This criminal appeal has been filed against the order of acquittal passed in Criminal Appeal No.02 of 2007 by the Additional Sessions Judge, Fast Track Court-II, Ranipet, Vellore District, dated 18.02.2011, is being challenged in the present criminal appeal.

2. The appellant herein as complainant has filed a complaint under Section 138 of the Negotiable Instrument Act, wherein, the present respondent has been shown as sole respondent/accused.

3. It is averred in the complaint that the respondent /accused borrowed Rs.2,25,000/- for the purpose of his business. Towards its repayment, the respondent/accused issued a cheque marked as Ex.P.1 dated 01.07.2002 drawn on State Bank of India, Ranipet, for Rs.2,25,000/-. The appellant/complainant presented it for collection to his Bank. The State Bank of India, Arcot, vide memo marked