JUDGMENT

M.G.Uma, J. - The complainant as appellant is before this Court aggrieved by the impugned judgment of acquittal dated 24/1/2011 passed by the learned Prl.JMFC, Honavar, ( for short "trial Court") in CC No.794/2006 where under the respondent accused was acquitted for the offence punishable under Section 138 of N.I.Act.

2. Heard the learned advocates Sri. J.S.Shetty for the appellant and Sri. Sabeel Ahmed for respondent.

3. Parties are referred to as per their rank assigned to them before the trial Court.

4. Brief facts of the case are that the appel lant herein as complainant fi led the private complaint in PC No.159/2006 against the respondent herein as accused before the trial Court for the of fence punishable under Section 138 of N.I.Act.

5. It is contention of the complainant before trial Court that accused and himself were good friends and accused had borrowed a hand loan of Rs.2,00,000/- for the purpose of purchasing the agricultural land agreeing to repay the same within six months. But the accused has not repaid the loan amount inspite of repeated demands. Final ly, the accused issued the cheque bearing No.201782 dated 31/5/2006 drawn on Karnataka Bank Ltd. , Navi lg