JUDGMENT :

Bellunke A.S. J.

This is an appeal filed by the complainant against the judgment and order of acquittal passed by the Civil Judge and JMFC, Badami in Criminal Case No.408/2005 by order dated 20.05.2010. Wherein, the accused came to be acquitted for the offence punishable under Section 138 of N.I. Act.

2. Brief facts of the case are :

According to the complainant the accused is known person to him. Therefore, on request of the accused, the complainant has advanced a sum of Rs.1,50,000/- in the month of June-2004, which is repayable on demand. To discharge the said loan amount, the accused has issued a cheque bearing No.196750, dated 20.01.2005 in favour of the complainant drawn on Corporation Bank, Bagalkot for a sum of Rs.1,50,000/-. Thereafter, the complainant presented the said cheque for encashment with his banker i.e., B.D.C.C. Bank, Badami Branch on 20.01.2005, but the said cheque was returned as unpaid with an endorsement "insufficient funds" on the same day. Therefore, the complainant issued a legal notice to the accused on 12.02.2005. The said notice was duly served on respondent. Since no reply was sent, therefore a private complaint under Section 200 of Criminal Pr