(This Crl.A. is filed U/s. 378(4) Cr.P.C. praying to set aside the judgment & Order of acquittal dt.23.11.2006 passed by the P.O., FTC-II, Blore (R) Dist., Blore in Crl.A.No.69/06 and acquitting the respondent/accused for the offence P/U/S.138 of N.I. Act.)

This appeal under Section 378(4) Cr.P.C. upon grant of special leave by this Court, is by the complainant in C.C.No.308/2004 on the file of the Additional C.J.M., Bangalore District, and is directed against the judgment and order dated 23.11.2006 passed by the Presiding Officer, Fast Track Court-II, Bangalore Rural District in Crl.A.No.69/2006, whereby the judgment and order dated 17.5.2006 passed by the learned Magistrate convicting the respondent – accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the N.I. Act’), came to be set aside and the accused was acquitted.

2. The appellant filed a complaint under Section 200 Cr.P.C. r/w Section 142 of the N.I. Act against the respondent – accused inter alia contending that the respondent – accused had borrowed a hand loan of Rs.1,00,000/- in the month of July 2003 and towards discharge of the said hand loan, he issued the