1. This appeal is directed against the judgment of acquittal dated 17.12.2009 passed by the XVI Addl. Chief Metropolitan Magistrate, Bangalore City in C.C.No.23063/2008 acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’, for brevity). The same is challenged in this appeal urging various grounds.

2. Heard the arguments advanced by the learned counsel for the respondent/accused in this appeal. Learned counsel for the appellant has not advanced any arguments and he was not present though the case was called several times.

3. The factual matrix of the appeal are as under:

The complainant is known to the accused as a family friend. The accused is running a travel agency business in Gandhinagar area and in the month of October 2004 the accused has approached the complainant and requested him to give hand loan of Rs.70,000/- to meet his domestic problems and family commitments and also to invest some amount in the business. The complainant on considering the request of the accused, gave an amount of Rs.70,000/- by way of cash to the accused on 29.10.2004. While receiving the said loan