J U D G M E N T

In this appeal, the complainant before the trial court is challenging the acquittal of the accused under Section 138 of the Negotiable Instruments Act (for short 'N.I Act') as per the impugned judgment.

2. As per the complaint, the accused borrowed Rs.1,20,000/- for the purpose of his real estate business from the complainant and subsequently towards discharge of the liability, the accused issued a cheque dated 19-07-2010 for Rs.1,20,000/- to the complainant. When the complainant presented the cheque for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of statutory notice, the accused failed to pay the cheque amount to the complainant.

3. From the side of the complainant, PW1 was examined and Exts.P1 to P6 were marked and from the side of the accused Ext.D1 marked. After considering the oral and documentary evidence on record and hearing both sides, the trial court found that the complainant has not succeeded in proving the offence under Section 138 of the N.I Act against the accused and hence the accused was acquitted.

4. Heard Sri.Anil Kumar.C.R, the learned counsel for the appellant, Sri.C.Y.Vinod kuma