JUDGMENT :

1. This appeal is filed by the complainant being aggrieved by the order of acquittal passed by the Principal Civil Judge and JMFC, Gokak vide its order dated 02 .05.2016, acquitting the accused for the of fence punishable under Section 138 of the Negotiable Instruments Act, 1881 (herein a after referred to as ‘N .I. Act’ for short).

2. The respondent herein is the accused. The parties herein shall be referred to as per their status in the Trial Court.

3. The complaint came to be filed by the complainant against the accused for recovery of a sum of Rs.14 ,00,000/-. It is the case of the complainant that his father and the accused were known to each other for the last 15 years and the accused was in need of money and requested for loan from the complainant for his business. Accordingly, the complainant has advanced a sum of Rs.14 ,00,000/- as loan in the month of December 2006 for his hotel business and that the accused had agreed to repay the said amount within two months. It is the case of the complainant that during first week of March, he requested the accused to repay the loan amount and accordingly on 03 .04.2007 the accused issued a cheque for Rs.14 ,00,000/- in favour