JUDGMENT

`(Prayer: This Criminal Appeal has been filed under Section 378 of Code of Criminal Procedure to set aside the judgment dated 01.08.2022 passed by the Judicial Magistrate, Yanam in S.T.No.77 of 2016 and consequently, allow the complaint in S.T.C.No.77 of 2016 on the file of the Judicial Magistrate, Yanam.)

1. Challenging the impugned order dated 01.08.2022 passed in S.T.No.77 of 2016 by the learned Judicial Magistrate, Yanam, the present criminal appeal has been filed.

2. The appellant is the complainant and the respondent is the accused in S.T.C.No.77 of 2016 on the file of the Judicial Magistrate Court, Yanam. The appellant/complainant filed a complaint against the respondent/accused for an offence under Section 138 of Negotiable Instruments Act. The accused borrowed a sum of Rs.10,00,000/- from the complainant on 27.04.2015. To repay that amount, he gave a cheque dated 30.03.2016 bearing cheque No.275923 for a sum of Rs.10,00,000/- drawn on Indian Bank, Yanam Branch. When it was presented for encashment, it was returned for “insufficient funds” in his account. After issuing legal notice, the complaint has been filed by the complainant.

3. Before the trial Court, the complai