The appellant has challenged the order acquitting the respondent for the charge under Section 138 of the Negotiable Instruments Act (hereinafter called as ‘the Act’ for short) on a trial held by the Addl. Chief Metropolitan Magistrate, Bangalore.

2. The facts relevant for the purpose of this appeal are as under:

The appellant herein submitted a complaint before the Trial Court under Section 200 Cr.P.C. against the respondent the accused before the Trial Court and it is alleged that they were known to each other and for domestic requirements, the respondent (the accused) made a request to the appellant (the complainant) in the month of September 2004 to give a hand loan of Rs.6,00,000/-. The respondent as security for the said loan issued a post dated cheque for a sum of Rs.6,00,000/- dated 13-04-2004 drawn on Sri. Anjaneya Co-operative Bank Limited and thereafter, assured the complainant to clear the dues within the stipulated period, failing which, the cheque will be honoured on presentation on the due date. The respondent did not keep up the promise and with the consent of the respondent, the appellant submitted the cheque for encashment and it returned with an endor