JUDGMENT

Sudhir Mittal, J .

1. A complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') has been dismissed vide the impugned judgment, leading to the filing of the present appeal.

2. In the complaint, it was alleged that the appellant had friendly relations with the respondent on account of which various sums of money were advanced to him between the period April 2015 and October 2015. In discharge of his liability, the respondent issued a cheque of Rs. 15.50 lacs dated 20.01.2016 (Ex. C-1) but the same was dishonored. The memo of dishonor is dated 10.03.2016. A notice dated 14.03.2016 under Section 138 of the Act was sent to the respondent through registered post but no reply was received and this led to the filing of the complaint.

3. Notice of accusation dated 06.09.2016 was given to the respondent, to which he pleaded not guilty. After completion of prosecution evidence statement under Section 313 Cr.P.C. of the respondent was recorded. He opted to lead evidence in defence but apart from examining himself, no other defence evidence was led.

4. Learned counsel for the appellant submits that the appellant maintained a cash