JUDGMENT

(Prayer: Criminal Appeal filed under Section 378(3) of Cr.P.C to set aside the Judgment passed by the learned Judicial Magistrate (Fast Track Court) Thanjavur in Crl.M.P.No.33 of 2018, dated 12.03.2020, convict and punish the accused under Section 138 of the Negotiable Instruments Act.)

1. This Appeal has been filed challenging the Judgment passed in Crl.M.P.No.33 of 2018, dated 12.03.2020 on the file of the learned Judicial Magistrate (Fast Track Court) Thanjavur, thereby acquitted the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The appellant is the complainant and the respondent is the accused. The appellant lodged a complaint alleging that the respondent borrowed a sum of Rs.9,00,000/- on 23.04.2018 and he had undertaken to repay the said amount within three months. On the same day, the respondent executed a promissory note in favour of the appellant/defacto complainant. Thereafter, in order to repay the said amount, the accused had issued a post dated cheque, dated 23.08.2018 to discharge the existing valid. The appellant presented the said cheque for collection and the same was returned 'dishonoured' for the reason that '