JUDGMENT

This appeal by the complainant is against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I Act’ for short).

2. As per the complaint, the accused borrowed Rs.37,000/- from the complainant and issued cheque dated 12.08.2006 for Rs.37,000/-. Subsequently 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 issuance of statutory notice, the accused failed to pay the cheque amount to the complainant.

3. Before the trial court, from the side of the complainant, PW1 examined and Exhibits P1 to P6 were marked and from the side of the accused, DW1 examined and Exhibits D1 and D2 were marked.

4. After considering the oral and documentary evidence on record and hearing both sides, the trial court found that the complainant has no consistent case and that the evidence of the complainant in cross examination creates serious doubt regarding the existence of debt and the transaction and held 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