JUDGMENT

H.B.Prabhakara Sastry, J. - In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, 1973, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), the learned XXII Addl.Chief Metropolitan Magistrate and XXIV Addl.Small Causes Judge, Bengaluru City, (hereinafter for brevity referred to as 'trial Court'), by the judgment dated 10.11.2010, passed in C.C.No.29549/2007, acquitted the respondent/accused of the said offence. Aggrieved by the same, the complainant/appellant has preferred the present appeal.

2. The summary of the case of the complainant in the trial Court is that, himself and the accused were well known to each other. The accused approached him in the month of February 2007, for a financial assistance of a sum of Rs. 1,50,000/- to meet his family necessities and to improve his sand business. On the promise that the accused would repay the loan amount within six months from the date of its receipt, the complainant gave him a cash loan of Rs. 1,50,000/- in February 2007. Towards his liability, the accused issued him a che