JUDGMENT :

ASHOK G. NIJAGANNAVAR, J.

1. This appeal is directed against the judgment and order of acquittal dated 05.07.2011 passed in C.C. No. 1575/2009, whereby the respondent-accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act, (hereinafter referred to as N.I. Act) and also praying to pass an order to convict the accused for the offence punishable under Section 138 of N.I. Act.

2. The brief facts of the case are that the appellant-complainant and the respondent-accused were known to each other. The appellant-complainant had given a loan of Rs. 1,50,000/- to the respondent-accused for his family necessities through a cheque bearing No. 146341 for a sum of Rs. 1,00,000/- drawn on Canara Bank, P.J. Extension, Davanagere and also paid a sum of Rs. 50,000/- in cash. The respondent-accused, having failed to pay the amount within a reasonable time, had issued three cheques bearing Nos. 981735, 981736 and 981737 dated 01.03.2006, 01.04.2006 and 01.05.2006 respectively, for a sum of Rs. 50,000/- each, drawn on Laxmi Villas Bank, Davanagere Branch. The said cheques were presented to bank for encashment but they were dishonoured and returned with an