JUDGMENT :

S. Rachaiah, J.

1. This appeal is filed by the complainant/appellant against the impugned judgment and order of acquittal passed in C.C.No.27327/2007 dtd. 27/8/2011 passed by the learned XXII ACMM and XXIV ASCJ, Bangalore, wherein the trial Court acquitted the accused/respondent for the offence under sec. 138 of N.I. Act.

2. Brief facts of the case are as under:-

It is the case of the appellant/complainant that the respondent/accused had borrowed a sum of Rs.4.00 lakhs in the first week of December 2006, promising to repay the same within six months. The Respondent borrowed the loan from the Appellant to extend the class building of the school and to purchase furniture. In lieu of having received the amount from the Appellant, the Respondent has issued a cheque bearing No.232856 dtd. 25/6/2007 for a sum of Rs.4.00 lakhs drawn on Central Bank of India, Kathriguppe, Bengaluru.

3. When the Appellant presented the said cheque through his banker on 5/7/2007, he received a message from the Bank that the cheque had been dishonored, with a shara as "funds insufficient ". The Appellant had issued a legal notice on 3/8/2007 both by RPAD and UCOP. Despite the service of notice, the re