JUDGMENT

Alok Kumar Verma, J.—This appeal, by special leave, is preferred by the appellant-complainant against the judgment and order dated 30.11.2018, passed by the learned Chief Judicial Magistrate, Almora in Complaint Case No.01 of 2018, “Ramesh Nagarkoti vs. Kedar Datt Purohit”, whereby the learned trial court acquitted the respondent-accused from the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act, 1881”).

2. As per the averments made in the complaint, the complainant and the accused were businessmen and the complainant had good relations with the accused, who was the proprietor of “Purohit Agency.” The accused made a request to the complainant that he was in need of money for his business work and for purchasing a house. He assured the complainant to return the amount as early as possible. Due to the relationship, the complainant deposited time to time Rs.19,45,000.00/- through NEFT/RTGS in the account of the accused’s proprietorship firm “Purohit Agency” and Rs.55,000.00/- through cash payment on credit. In the said deposited amount, a sum of Rs.1,90,000/- was deposited by the complainant through Gopal Singh (PW-2). The compla