JUDGMENT

This Criminal Appeal has been filed by the appellant / complainant, challenging the order of acquittal, dated 28.02.2025 passed by the learned Judicial Magistrate, Special Court for Exclusive Trial of Negotiable Instruments Act, Tirunelveli District, in S.T.C.No.567 of 2023.

2. The appellant who is the defacto complainant has filed a complaint against the accused alleging that the accused is well known to the defacto complainant and at his request he lent a sum of Rs.9 Lakhs on 01.10.2022. The accused agreed to return the same within three months with interest at the rate of 12% p.a. As the accused did not return the loan amount as agreed, he executed a promissory note dated 19.10.2022 and assured to return the same within a period of three months or before 08.12.2023. Even after that, the accused did not repay the loan amount as agreed in the promissory note. Hence the accused issued a cheque dated 15.01.2023 for a sum of Rs.9 Lakhs towards discharge of the loan amount. As instructed, the complainant deposited the cheque for collection on 15.06.2023. But it was returned as insufficient fund. Hence, the complainant has preferred the present case against the accused under Se