Ramesh, J

This appeal is against the order of acquittal passed by the 16th Addl. CMM., Bangalore, dated 1.10.07.

2. Heard the Counsel for the appellant.

3. The case of the appellant is that the respondent being the Software Engineer has issued a cheque for Rs.2 lakhs in favour of the appellant pursuant to the agreement entered into between him and the appellant to serve the appellant/company for a period of two years and that after his appointment he had also been imparted training at the cost of the Management; subsequently, after having worked for three months, respondent left the service of the company and thereby caused loss to the appellant. As such, complaint came to be filed by the appellant stating that by virtue of the agreement when the cheque had been issued it becomes enforceable debt. As against it, the trial Court, after enquiry, dismissed the complaint on the ground that there is a contract between the parties and there is a breach of contract and although the cheque was issued for Rs.2 lakhs by way of damages, it is purely a civil transaction and as such, the accused is not guilty of the offence alleged and accordingly, has acquitted him.

4. Along with this