JUDGMENT :

H.B. Prabhakara Sastry, J.

1. In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I. Act'), the learned Civil Judge & Addl. J.M.F.C., Bhadravathi, (hereinafter for brevity referred to as 'trial Court'), in C.C. No. 6325/2006, pronounced the judgment of acquittal on 19.4.2010. It is against the said judgment of acquittal, the complainant has preferred this appeal.

2. The summary of the case of the complainant in the trial Court is that himself and the accused are well known to each other and are the residents of Bhadravathi. The accused had borrowed a sum of Rs. 10 lakhs from him on 10.7.2005 for his business purpose and while availing the loan, towards the repayment of the loan amount, the accused issued a post-dated cheque in his favour bearing No. 505677, dated 10.9.2005, for a sum of Rs. 10 lakhs, drawn on Canara Bank, Channagiri Road, Bhadravathi. When the said cheque was presented for realisation on 10.12.2005, the same returned dishonoured with an endorsement from the Ba