1. This appeal has been preferred against the judgment of acquittal dated 06.08.2024 passed by the Chief Judicial Magistrate, Balodabazar, District Balodabazar Bhatapara in Criminal Case No.56/2022, whereby, the respondent/accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act, 1881 (for short, the “NI Act”).

2. As per complaint, the complainant and respondent/accused were acquainted to each other. The accused has taken a cash loan of Rs.5,50,000/- from the complainant/appellant for domestic work in the year 2018 and promised to return the amount within one year, however, he has not paid the same within the said period. After several efforts made by the complainant, the accused given cheque of Rs.5,50,000/- on 15.09.2021. However, when the cheque was presented before the Bank for encashment, the same was returned dishonoured for want of insufficient funds. The complainant has also legal notice to the accused for payment of cheque amount, however, the accused has not paid the same. Hence, the complainant has filed complaint case against the accused.

3. The accused has denied the allegation levelled against him and claimed to be tried. The trial Court a