JUDGMENT :

The appellant herein is the complainant before the learned II Additional Judicial Magistrate at Sirsi (hereinafter referred to as ‘Trial Court’ for the sake of brevity) is assailing the impugned Judgment of acquittal dated 10.01.2011 passed in Criminal Appeal No.73/2009 on the file of the Fast Track Court of Sirsi (hereinafter referred to as the ‘Appellate Court’ for the sake of brevity), whereunder the respondent/accused is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as ‘the N.I.Act’ for the sake of brevity) by setting aside the Judgment of conviction and order of sentence dated 07.05.2009 passed in Criminal Case No.328/2007 by the Trial Court convicting the accused for the said offence sentencing him to undergo simple imprisonment for a period of 3 months and to pay fine of Rs.3,000/-and in default to pay fine undergo simple imprisonment for a period of one month for the offence punishable under Section 138 of the N.I.Act.

2. Brief facts of the case are that, the appellant herein as complainant filed the Private Complaint in PCR No.80/2006 before the Trial Court against the accused alleging commission