JUDGMENT

Deepak Gupta, J. - In criminal complaint bearing case code No. 205600000112014' titled as 'Uma Rani v. Rajesh Jain' filed by the appellant Uma Rani to prosecute respondent Rajesh Jain under Section 138 of the Negotiable Instruments Act, 1881 (hereafter referred as 'the N.I. Act'), acquittal has been recorded by learned Sub Divisional Judicial Magistrate, Kalka, vide judgment dated 09.06.2016, against which this appeal has been preferred.

2. As per the case pleaded by the appellant - complainant, friendly loan of Rs. 1,59,500/- was advanced by her to respondent-accused on 01.08.2010. Though, accused had promised to return the said amount within one month, but he kept on avoiding the matter on one or the other pretext. Ultimately, in order to discharge his liability, accused issued cheque No.008361 dated 03.12.2012 for an amount of Rs. 1,59,500/- drawn on Hongkong and Shanghai Banking Corporation Limited in favour of the complainant, assuring that cheque will be encashed on presentation. However, on presentation, the cheque was dishonoured, vide return memo dated 12.12.2012 with the remarks 'accounts closed'. Complainant informed the respondent-accused about the dishonour of t