JUDGMENT :

B.A. Patil, J.

The present appeal has been preferred by the appellant/complainant being aggrieved by the judgment of acquittal passed by the II Addl. Civil Judge and JMFC, Belagavi in C.C.No.1977/2009 dated 14.10.2010.

2. I have heard the learned counsel for the appellant/complainant and the learned counsel for the respondent/accused.

3. The gist of the complaint as per the case of the complainant is that, in the month of August 2003, accused approached him for hand loan of Rs.50,000/- for filling tender of Air Force Station, Sambra. The complainant gave loan of Rs.40,000/- i.e., Rs.30,000/- by way of cash and Rs.10,000/- by cheque. It is further case of the complainant that the complainant was dealing with dress materials. Accused purchased dress material worth Rs.35,000/- and as on the date, the accused was owing a debt of Rs.75,000/- to the complainant. In the month of January, 2005, accused repaid Rs.10,000/- to the complainant by issuing a demand draft, but failed to repay the remaining amount of Rs.65,000/- and on 05.07.2005, accused issued cheque bearing No.140314 for a sum of Rs.65,000/- drawn on Union Bank of India, Kadolkar Galli, Belagavi. When the said cheque was