JUDGMENT :

This appeal lays challenge to the Judgment of acquittal passed by the learned I Addl. Civil Judge (Jr.Dn.) & JMFC-II Bidar (hereinafter referred for short as Trial Court) in C.C. No.826/2008 dated: 01-02-2016 for the offence punishable under Section 138 of Negotiable Instrument Act 1881.

2. The appellant was the complainant and the respondent was the accused before the trial court. For the purpose of convenience the appellant and respondent will be referred as complainant and accused as per their respective ranks before the trial court in this Judgment.

3. The appellant/complainant filed complaint under section 200 of Code of Criminal Procedure before the J.M.F.C Court alleging that, the accused has committed an offence punishable under section 138 of Negotiable Instrument Act 1881 (Hereinafter referred for short as "N.I Act".)

4. It is the case of the complainant that, the complainant is co-operative Bank involved in Banking business. The accused is a member of complainant- Bank and availed loan from the Bank, but failed to repay the same. When the complainant-Bank approached accused and insisted for payment of dues, he issued cheque bearing No.022627 dated: 24-05-2007 for