JUDGMENT :

1. This appeal is filed under sec. 378(4) of Cr.P.C. by the appellant-complainant for setting the judgment and order of acquittal passed by the learned JMFC, Mundargi in CC No.203/2010 dtd. 12/7/2012 whereby he has acquitted the respondent-accused for the offence punishable under Sec. 138 of the N. I. Act and sought for allowing this appeal by convicting the accused- respondent.

2. For the sake of convenience, parties herein are referred with original ranks occupied by them before the Trial Court.

3. The brief factual matrix leading to the case is that the accused is in cordial relationship with the complainant and they are good friends from several years. That, the accused is in the habit of receiving financial assistance from the complainant as per his need and on 16/6/2007, accused came to Mundgod and received Rs.3,00,000.00 from the complainant for his financial difficulties. The complainant has paid Rs.3,00,000.00 in presence of witnesses and accused executed letter attested by two witnesses by undertaking to repay the said hand loan amount within a period of 1 year from 16/6/2007. That, thereafter, accused did not make any payment and on several occasions the compl