JUDGMENT :

B. SIVA SANKARA RAO, J.

1. The appellant-complainant seeks to assail the judgment of acquittal dated 16.03.2009 passed by the learned Principal Junior Civil Judge, Markapur, in private complaint case C.C. No. 160 of 2007 filed by said complainant against the accused Dodda Surya Narayana (2nd respondent herein), for an offence under Section 138 of the Negotiable Instruments Act (for brevity ‘the Act’).

2. The facts before the Trial Court are that the accused borrowed Rs. 1,49,623 from the complainant but failed to repay despite demands, ultimately the accused issued Ex.P.1 cheque from his account in favour of the complainant for said amount, dated 04.10.2006 drawn in State Bank of India, Markapur, presented for collection in Syndicate Bank, Markapur, on 01.03.2007, returned dishonoured on the reason of ‘insufficiency of the funds’ covered by Ex.P.2 cheque return memo, and Ex.P.3 is returned cheque and the same is intimated to the accused through legal notice, dated 05.03.2007 covered by Ex.P.4, issued by the complainant to the accused, and though the accused received notice not paid the amount, hence the complainant is constrained to file the private complaint case.

3. The ac