VIJAY BISHNOI,J. - (1.) This criminal leave to appeal has been filed by the appellant seeking leave to file appeal against the judgment dated 19.11.2016 passed by the Special Judicial Magistrate (NI Act Cases), Chittorgarh (hereinafter referred to as 'the trial court') in Criminal Regular Case No. 14998/2015, whereby the trial court has acquitted the accused-respondent for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'the NI Act.').
(2.) Brief facts of the case are that the petitioner filed a complaint in the trial court alleging that the accused-respondent borrowed Rs. 1,00,000/- from him for some personal need and gave him a cheque for repayment of the said amount. It was alleged in the complaint that when the petitioner presented the said cheque before the concerned bank, the same could not be realised as the payment was stopped by the respondent. It was further alleged that the petitioner thereafter sent a notice to the accused-respondent, however, despite receipt of the said notice, the amount of loan was not paid by the accused-respondent.
(3.) In the court's statement, the petitioner has stated that he gave loan of Rs. 1,00,000/- to the accused respondent on 10.12.2012 and he has further stated that the accused respondent borrowed the said amount for the purpose of depositing fees of her son in engineering college.;