ORAL JUDGMENT

This appeal is filed by appellant/complainant praying to set aside the judgment dated 01.07.2017 passed in C.C.No.221/2017 (Old C.C.No.1047/2009) by V-JMFC, Belagavi, whereunder, respondent/accused has been acquitted for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘138 of N.I. Act’, for short).

2. The case of the appellant/complainant in brief is as under:

The complainant and accused are acquainted with each other. The accused is carrying Chit Fund business in her house and used to collect deposits and lending the loan to the needy persons on interest. The complainant has deposited amount in the Chit Fund and accused gave acknowledgements for having deposited the said amount. The complainant has further averred that she has deposited more than Rs.10,00,000/- in the said Chit Fund. In the year 2009, when complainant was in need of money, asked the accused to give her the amount Rs.10,00,000/- from her Chit Fund account and accused has issued cheque bearing No.9363415 dated 01.06.2009 for Rs.10,00,000/- drawn on Bank of India, Shahapur Branch, Belagavi. The complainant presented the said cheque and it came to b