C.A.V. JUDGMENT

1. The acquittal appeal has been filed by the appellant against the judgment passed by learned Judicial Magistrate First Class, Raipur dated 13.06.2024, in Complaint Case No. 2275 of 2016, whereby the respondent/accused has been acquitted of the charges under Section 138 of the N.I. Act.

2. The brief facts as reflected from the record are that, the appellant and respondent are well acquainted to each other and due to previous relationship, the respondent for fulfilling his personal financial requirement has borrowed Rs. 10,00,000/- from the appellant. The respondent gave him two chqeue of Rs. 5,00,000/- bearing No. 903740 dated 08.08.2016 of the Oriental Bank of Commerce, branch at J.N. Medical College Raipur for part repayment of the said amount. The appellant deposited the said cheque for encashment before the Bank, but the same was not encashment and was returned bank on the endorsement of “insufficient fund” on 08.08.2016. The appellant through his counsel sent legal demand notice despite this the respondent has failed to repay the amount which has necessitated the complainant to file complaint under Section 138 of Negotiable Instruments Act, 1881 which was regis