K.N. KESHAVANARAYANA, J.—This appeal by the legal representative of the original complainant namely Pothedar Siddaiah in C.C. No. 694 of 2003 on the file of the Additional Civil Judge (Jr. Dn.) & JMFC, Mandya, is directed against the judgment and order dated 24.09.2005 passed in the said case acquitting the respondent/accused of the charge levelled against him for the offence punishable under Section 138 of the Negotiable Act (for short, ‘N.I. Act’)

2. The original complainant filed private complaint alleging the offence punishable under Section 138 N.I. Act against the respondent inter alia contending that, the accused obtained hand-loan of Rs. 2,75,000/- from him for his contract work in the month of September 1999 agreeing to repay the same within three months; that on 25.01.2000, the accused issued a cheque drawn on Vishweshwaraiah Grameena Bank, Bharathinagar Branch, for Rs. 2,75,000/- in favour of the complainant towards discharge of loan due by him; when the said cheque was presented for encashment, the same was returned unpaid with Banker’s endorsement ‘Insufficient Funds’ and in spite of service of statutory notice, the accused has failed to pay the amount covered