JUDGMENT :

This appeal is filed under Section 378 (4) of the Code of Criminal Procedure, 1973 challenging the judgment dated 30.11.2010 passed by the Additional District and Sessions Judge, Fast Track Court-V, Bengaluru Rural District, Bengaluru, allowing Crl.A.No.23/2009 and setting aside the order of conviction dated 20.02.2009 passed in C.C.No.160/2007 by the Principal Civil Judge (Jr.Dn) & JMFC., Hoskote, acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’ for short) by the Appellate Court reversing the conviction of the Trial Court.

2. The factual matrix of the case is that the complainant and the accused are friends. The accused had requested the complainant to lend hand loan of Rs.70,000/-to meet his urgent financial necessity on first week of October, 2006. The complainant gave an amount of Rs,64,000/-on 15.10.2006 and the accused had promised to repay the said loan within three months but the accused did not repay the same. However, on repeated requests, the accused issued a self cheque dated 21.01.2007 and when the same was presented, it was dishonoured. The complainant got issued legal notice both to his res