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 Civil Judge (Jr.Dn.) and JMFC., Shikaripura (hereinafter for brevity referred to as 'trial Court ), by the judgment dated 09.03.2010, passed in C.C.No.398/2007 convicted the accused for the said offence and sentenced him accordingly.

Aggrieved by the same, the accused preferred an appeal before the learned Sessions Judge, Fast Track Court, Shimoga, (hereinafter for brevity referred to as 'Fast Track Court ), in Criminal Appeal No.27/2010, which by its judgment dated 29.10.2010, while allowing the appeal and setting aside the judgment passed by the trial Court, acquitted the accused of the offence punishable under Section 138 of N.I.Act. Being 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, the complainant and the accused were well known to each other, as such, the