JUDGMENT :

Heard Sri K. Rama Subba Rao, learned counsel for the appellant, Sri P. Shravan Kumar, learned counsel for the 1st respondent and learned Assistant Public Prosecutor for the 2nd respondent.

2. This appeal under Section 378(4) of Code of Criminal Procedure, 1973 (for short ‘the CrPC’) has been preferred by the complainant against the judgment of acquittal dated 19.03.2018 in C.C.No.63 of 2017 passed by the VIII Special Magistrate, L.B. Nagar, Hasthinapur, Ranga Reddy District for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’).

3. For the facility, the parties are referred to as per their array before the trial Court.

4. The complainant’s case in brief is that on 25.03.2016 the accused borrowed an amount of 9,00,000/- with an undertaking to repay the same within three months and executed a promissory note/Ex.P-3 in the presence of P. Narender and B. Srinivas/PWs.2 and 3; later as there was no repayment on demands, the accused issued cheque/Ex.P-1 dated 24.08.2016 bearing No.675077 drawn on State Bank of Hyderabad, Secunderabad Branch for Rs. 9,00,000/-. On presentment the cheque Ex-P1 was returned with memo/Ex.P-2 dated 30.08.2016