JUDGMENT

Vinod S. Bhardwaj. J. - The present appeal has been filed raising a challenge to the judgment and order dated 05.07.2019 passed by Judicial Magistrate 1st Class, Tarn Taran whereby the accused-respondent has been acquitted from the charge under Section 138 of the Negotiable Instruments Act.

FACTS:

2. Before proceeding further in the matter certain facts as pleaded by appellant and as are necessary for just and proper appreciation of the Appeal are referred to hereinbelow:-

i) That the appellant/complainant claimed that the accused-respondent was having family relations with him and that she had borrowed a sum of Rs.2,40,000/- from the appellant on 13th June, 2016, in the presence of one Priya Kapoor and Vinod Kumar. The loan in question was advanced for a period of one year to enable her to repair her house and the respondent is stated to have promised to return the said amount on or before August 2017.

ii) An agreement is also stated to be executed in this regard, whereby, the accused-respondent admitted to having received the loan of Rs.2,40,000/- as aforesaid.

iii) When the appellant-complainant approached respondent-accused for repayment of the same, the respondent issued ch