JUDGMENT:

1. The appellant is questioning the dismissal of the complaint filed by him under Section 138 of the Negotiable Instruments Act against the respondent/accused, which was filed aggrieved by dishonor of cheque for Rs.4.50 lakhs vide judgment in CC No.294 of 2008 dated 21.04.2009 passed by the XIV Additional Judge-cum- XVIII Additional Chief Metropolitan Magistrate, Hyderabad.

Aggrieved by the said acquittal, the present appeal is filed.

2. The case of the complainant is that he is an employee in Railway Department and acquainted with the accused. The accused informed about several proposals of business, for which reason, an amount of Rs.5.00 lakhs was given to the accused in the year 2004 and the accused promised to return within two years. On repeated requests, Rs.50,000/- was paid and regarding the remaining Rs.4,50,000/-, a cheaue Ex.P1 was issued. When the same was presented for clearance, it was returned unpaid for the reason of (cid:145)insufficient funds(cid:146). A notice was sent intimating about the dishonor of cheque, however, the accused failed to pay the amount covered by the subject cheque, for which reason, complaint was filed.

3. The complainant examined himsel