J U D G M E N T

This appeal is by the complainant challenging the acquittal of respondent/accused by the trial Court for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I Act').

2. For the sake of convenience, parties are referred to by their rank before the trial Court.

3. Complainant and accused are brothers. It is the case of the complainant that accused is a driver by profession. He is also doing real estate business. On 24.05.2015, accused has taken hand loan of Rs.10 lakhs from the complainant in cash to clear the hand loans raised by him from other banks for domestic purpose.

Accused promised to repay the same within a period of six months and issued a post dated 26.11.2015 cheque for Rs.10 lakhs, with an assurance that it would be honoured on presentation. However, on 26.11.2015, when he presented the cheque for realisation, it was dishonoured on the ground ‘Account closed’. When complainant brought this fact to the notice of accused, he did not choose to pay the amount. Hence, complainant got issued legal notice dated 17.12.2015. It is served on him on 18.12.2015. Instead of paying the amount due under the cheque, accused has sent an