JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is directed against the judgment dated 19.04.2018 passed in Criminal Case No. 19 of 2014, Birendra Singh Chauhan Vs. Sohan Lal Kala (for short, “the case") by the court of Chief Judicial Magistrate, Pauri Garhwal. By the impugned judgment and order, the respondent has been acquitted of the accusation under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the Act").

2. Briefly stated, according to the appellant, he filed a complaint under Section 138 of the Act, against the respondent on 08.01.2014. According to it, both the appellant and the respondent were known to each other. The appellant advanced Rs. 4 Lakh to the respondent. The respondent assured to return it within a period of six months. The respondent did not return the money. When the appellant made repeated requests, on 20.11.2013, according to the appellant, the respondent gave him two cheques of Rs. 3 Lakh and Rs. 1 Lakh each. The cheques, when presented, were dishonoured. Thereafter, the appellant gave a notice on 02.12.2013 to the respondent, but the respondent did not pay the money. Hence, the complaint.

3. After conducting inquiry in the cas