- (1.) The appellant has challenged the judgment and order acquitting the respondent for the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act' for short) on a trial held by Additional Chief Metropolitan Magistrate, Bangalore.
(2.) The facts reveal that the appellant filed a complaint before the trial Court alleging that he has advanced a sum of Rs.18,00,000/- to the respondent on different dates and towards repayment of the said sum with interest, the respondent is said to have issued a cheque for Rs.22,00,000/- and when the said cheque was presented for encashment, it returned with an endorsement of insufficient funds. The appellant issued a notice and as payment was not made, a complaint came to be filed before the trial Court under Section 200 Cr.P.C. to initiate proceedings against the respondent for the offence under Section 138 of the Act.
(3.) During the trial, the appellant was examined as PW1 and in his evidence the documents Exs.P1 to P15 were marked. Statement of the respondent was recorded under Section 313 Cr.P.C. The respondent is examined as DW1 and the documents Exs.D1 to D5 are marked in his evidence. The trial Court acquitted the respondent for the said charge, hence this appeal.;