1. This appeal is preferred by appellant/complainant, being aggrieved by the judgment and order of acquittal dated 28.04.2016 in Criminal Appeal No.76 of 2015 on the file of the Additional District and Sessions Judge Gadag, whereby the learned District and Sessions Judge has set-aside the judgment and order of conviction dated 01.10.2015 passed in C.C.No.591/2012 by the First Additional Civil Judge and JMFC-I Court, Gadag and acquitted the respondents for the offence punishable under Section 138 of the Negotiable Instrument Act.

2. Brief facts of the case, that the appellant and the respondents herein know each other and the :3:respondents are doing business of publishing books, guides and other study material. The respondents requested appellant to give financial assistance for their business purpose. Appellant as per the request use to lend money, whenever the respondents were in need and in this regard the appellant has given Rs.6,48,400/- as loan amount to the respondents and respondents have agree to pay back the loan amount in the year 2011-2012. However, after obtaining the loan the respondents did not turn up and did not repay of loan of amount and on repeated requ