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This appeal by the complainant is against the acquittal of the
accused under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I
Act’ for short).
2. The allegation in the complaint is that the accused borrowed
Rs.1,50,000/- from the complainant during April, 2002 and towards
discharge of the said liability, he issued cheque dated 25.7.2002 for
Rs.1,50,000/-. Subsequently, when the complainant presented the
cheque for collection, the same was dishonoured due to insufficiency of
funds in the account of the accused and in spite of issuance of statutory
notice, the accused failed to pay the cheque amount to the complainant.
3. Before the trial court, from the side of the complainant, PWs 1
and 2 were examined and Exhibits P1 to P5 were marked and from the
side of the accused, DW1 examined and Exhibit D1 marked.
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