THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL APPEAL No.436 OF 2018

JUDGMENT:

This appeal is preferred by the appellant against the judgment, dated 18.12.2017 in C.C.No.146 of 2015 on the file of the learned VIII Special Magistrate, Hyderabad (for short, “the trial Court”) wherein and whereunder the learned Magistrate acquitted respondent/accused for the offence under Section 138 of the Negotiable Instruments Act (for short, “the N.I. Act”).

2. The allegation in the complaint would go to show that appellant/complainant is the proprietor of Sri Balaji Video and having long term friendship with the 1st respondent and considering the request of the accused, the complainant has advanced the hand loan of Rs.2,00,000/- by way of a Bearer Cheque bearing No.197577, dated 30.05.2015, drawn on Punjab National Bank, Basheerbagh Branch, Hyderabad. The accused in acknowledgment of receipt of the said hand loan amount executed a letter and also issued a Cheque bearing No.441704, dated 08.06.2015, drawn on ICICI Bank, Jubilee Hills Branch, Hyderabad for Rs.2,00,000/- in favour of Sri Balaji Video towards repayment of the said hand loan and Exhibit P-1 letter shows that accused given an undertak