JUDGMENT

The Appellant is the De facto Complainant in S.T.C. No. 304 of 2017 on the file of the learned Judicial Magistrate Fast Track Court No.1 (Magisterial level), Erode. By judgment dated 08.03.2018, the Respondent/Accused was convicted for the offence punishable under Section 138 of The Negotiable Instruments Act and was sentenced to undergo simple imprisonment for a period of six months and to pay the cheque amount of Rs.80,000/- to the De facto Complainant, failing which to undergo one month simple imprisonment. Challenging the judgment of conviction dated 08.03.2018, the Respondent/Accused preferred Criminal Appeal No. 92 of 2018. The Appellate Court, by the impugned judgment dated 28.09.2018, reversed the judgment of conviction passed by the trial Court and acquitted the Respondent/Accused. Therefore, challenging the judgment dated 28.09.2018, the present Appeal is filed.

2. As per the complaint in S.T.C. No. 304 of 2017, the Respondent/Accused borrowed a sum of Rs.80,000/- on 01.03.2017 from the Appellant/De facto Complainant. To discharge the said loan amount, he has issued the cheque No. 106903 dated 24.03.2017 drawn on Punjab National Bank, Erode Branch. When the Appe