JUDGMENT :

1. This appeal is filed challenging judgment of acquittal passed in C.C.No.3336/2006 dated 29.12.2010, on the file of XVIII Additional Chief Metropolitan Magistrate and XX ASCJ, Bangalore City for the offence punishable under Section 138 of Negotiable Instruments Act (hereafter for short ‘ N.I. Act’).

2. For the sake of convenience, the parties are referred to as they are referred to in the original suit before the Trial Court.

3. Brief facts of the case:

Complainant filed complaint under Section 200 of Cr.P.C. against the accused under Section 138 of the N.I. Act and made an allegation that accused being a close relative of the complainant, on 7.12.2003, borrowed hand loan of Rs.6,00,000/-from the complainant, promising to repay the said loan amount within one month and in respect of the above said transaction, complainant demanded the accused for repayment of loan amount, for which, accused had issued a cheque bearing No.085571 dated 31.08.2005, drawn on Syndicate Bank, Nandikoor branch. When the said cheque was presented by the complainant for clearance on 31.08.2005 with his banker, the same was returned unpaid with an endorsement ‘funds insufficient on 05.09.2005.

4. The