JUDGMENT :

1. This Criminal Appeal is filed aggrieved by the judgment of acquittal for the offence under section 138 of NI Act, recorded by the learned XIV Additional Judge-cum-XVIII Additional Chief Metropolitan Magistrate at Hyderabad vide judgment in C.C.No.224 of 2008, dated 07.09.2009.

2. Briefly, the case of the appellant/complainant is that the appellant filed case under Section 138 of the Negotiable Instruments Act against the respondent/accused stating that the accused was his family friend. accused requested to advance loan amount of Rs.2.00 lakhs and promised to repay in the month of June, 2007. The said amount of Rs.2.00 lakhs was given on 12.02.2006. On 02.08.2007, when the demand was made to repay the said amount, two cheques Exs.P1 and P2 for Rs.1.00 lakh each were given. The said cheques, when presented for clearance, were returned unpaid for the reason of ‘funds insufficient’. Legal notice was sent to the accused, who failed to make good the payment covered by the cheques, for which reason, complaint was filed before the learned Magistrate.

3. Learned Magistrate examined the complainant as P.W.1 and marked Exs.P1 to P9. He found that the major discrepancy in the case