JUDGMENT :

This appeal is preferred by the appellant/complainant being aggrieved by the judgment and order of acquittal dated 05.05.2010 passed by the District and Sessions Judge and Fast Track Court-IV at Bengaluru (hereinafter referred to as ‘the first Appellate Court’, for short) in Criminal Appeal No.500/2009.

2. The appellant was the complainant and the respondent was the accused before the trial Court. For the sake of convenience, the rankings of the parties are retained.

3. I have heard the arguments of the learned counsel for the appellant Sri. M. R. Mahesh as well as the learned counsel for the respondent Sri. R. D. Pancham.

4. The brief facts of the case of the complainant before the trial Court is that;

The complainant and the accused were known to each other. The accused had borrowed a loan of Rs.1,00,000/-from the complainant in the month of April, 2008 and to discharge the said loan, the accused had issued a cheque (Ex.P2) dated 20.10.2008 for a sum of Rs.1,00,000/-in favour of the complainant. When the cheque has been presented in the bank of the complainant, the said cheque came to be dishonoured with an endorsement (Ex.P3) as ‘insufficient funds’. The complainant got is