Jawad Rahim J.

This appeal is by the complainant against the judgment in Cri. A. No. 724 of 2002, dated 7-11-2003 setting aside the conviction of the respondent-accused recorded by the Trial Court in CC No. 35132 of 2000, dated 22-11-2002.

2. Heard.

3. The case papers reveal that the appellant-Siddappa initiated prosecution against the respondent-K. Nanjappa for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short, ‘the Act’) on the basis that there was financial transaction between the parties. The respondent had requested financial assistance and borrowed a sum of Rs. 80,000/- assuring to repay promptly. However, he defaulted. When the complainant raised demand to repay the amount, the respondent issued cheque on 12-6-2000 for a sum of Rs. 80,000/- assuring encashment. The cheque on presentation was dishonoured vide endorsement dated 16-6-2000 insisting issuance of statutory notice which was also not complied.

4. The learned jurisdictional Magistrate taking cognizance for the offence under Section 138 of the N.I. Act has secured the presence of the respondent-accused and put him on trial, during which the appellant herein examined him