H P Sandesh, J.

Heard the arguments of the appellant's counsel, and also the counsel for respondent.

2. This appeal is filed against the judgment of acquittal passed in CC No.755/2006 on the file of the JMFC, Banhatti, for the offence punishable under Section 138 of the Negotiable Instruments Act.

3. The factual matrix of the case is that, the respondent herein had filed a complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the N.I. Act contending that the respondent was running a Finance business named as OM Finance Corporation in the premises of Veerabhadreshwar temple, wherein the deity is maintained by the complainant and his family members as Pujaris. The accused was leased under the complainant paying rent for the premises about 6-7 years back so as accused was very well known to the complainant and his family members. In the said OM Finance Corporation, the accused and some other persons including the members of the accused family are the partners. The accused used to take the hand loan from the father and sister of the complainant and kept the deposit in his finance and used to take the money and in respect of these transaction accu