JUDGMENT

The Criminal Appeal is directed against the judgment made in C.C.No.659 of 2017, dated 17.10.2019, on the file of the Court of the Judicial Magistrate No.II, Sivakasi, in acquitting the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act .

2. The appellant, who is the complainant, filed a private complaint under Section 200 Cr.P.C., against the respondent/accused for the offence under Section 138 r/w 142 of the Negotiable Instruments Act .

3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in the trial Court.

4. The case of the complainant is that the complainant and the accused are family friends and the accused approached the complainant on 18.05.2015 and borrowed a sum of Rs.5,00,000/- from the complainant for her expenses and to clear the family debts and in order to discharge the said loan, the accused issued a cheque bearing No.275202 dated 18.06.2015 drawn on Axis Bank Limited, Madurai Branch on the date of borrowal, assuring that the said cheque will be honoured. The complainant presented the cheque for collection on 23.06.2015 through his bank Pandian Grama Bank at Eri