JUDGMENT

(Prayer: This Criminal Appeal is filed under Section 378 of Code of Criminal Procedure, 1973, to set aside the order dated 19.12.2018 made in Crl.A.No.236 of 2013 passed by the V Additional Sessions Judge, Chennai, reversing the order dated 11.10.2013 made in C.C.No.1398 of 2012 passed by the Metropolitan Magistrate, FTC II, Egmore, Chennai – 600 008.)

1. The Criminal Appeal has been filed by the complainant in a private complaint alleging the offences punishable under Section 138 of the Negotiable Instruments Act.

2. The case of the complainant is that by way of a hand loan, the accused borrowed a sum of Rs.52,500/- and in discharge of the said liability, issued the subject matter cheque and since the same was returned dishonoured, a statutory notice was issued and since, the amount was not paid, the complaint was filed.

3. After the sworn statement of the complainant, the trial Court took cognizance of the offence and issued summons to the accused. The accused upon questioning, denied the charge and stood trial. Thereafter, the complainant examined himself as P.W.1 and Ex.P1 to Ex.P4 were marked. There was no evidence let in on behalf of the defence and therefore, the trial