1. In the complaint filed by the appellant under Section 200 of Code of Criminal Procedure (hereinafter for brevity referred to as ‘Cr.P.C’), against the present respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as ‘N.I. Act’), the learned Civil Judge (Jr. Dn) & JMFC, Sullia, Dakshina Kannada (hereinafter for brevity referred to as the ‘trial Court’) in C.C.No.365/2005, pronounced the judgment of acquittal on 18.02.2010. It is against the said judgment of acquittal, the appellant/complainant has preferred this appeal.

2. The summary of the case of the complainant in the trial Court is that the respondent/accused towards the repayment of the debt issued a cheque bearing No.0380 dated 10.12.2004, drawn on Thannirupantha Service Cooperative Bank Limited in favour of the complainant for Rs. 1,50,000/-. When the cheque was presented for realization by the complainant, the same was dishonoured and returned through his banker on 23.12.2004 with an endorsement ‘payment stopped by drawer’. The complainant issued a legal notice to the accused demanding the repayment of the cheque amount within fifteen