JUDGMENT :

K. SURENDER, J.

1. Aggrieved by the acquittal of the respondent herein for the offence under Section 138 of Negotiable Instruments Act, the present appeal is filed by the complainant.

2. The facts of the case are that the appellant/complainant and the respondent/accused are friends since long time. The complaint informed the accused that his son applied for the post of Technical Fitter in Midhani Factory, Hyderabad. The respondent/accused promised to provide said job, but asked the complainant to pay an amount of Rs. 3,00,000/- for appointment order. However, even after lapse of one year, the accused failed to provide job as promised and upon insisting, the respondent/accused issued cheque bearing No. 656237 dated 16.09.2015 for Rs. 3,00,000/-.

3. The said cheque when sent for clearance was returned with an endorsement “funds insufficient.” The complainant issued legal notice and thereafter filed complaint before the concerned Magistrate Court. The learned Magistrate after completing the examination of the complainant/P.W.1 and marking Exs.P1 to P6, found the accused not guilty for the reason of the understanding between the complainant and the accused regarding giving the a