JUDGMENT

K. Natarajan, J. - This appeal is filed by the complainant under Section 378 (4) of Cr.P.C for setting aside the judgment of acquittal passed by the additional City Civil and Sessions Judge in Criminal appeal No.136/2015 dated 30.01.2016 and to confirm the judgment of the Trial Court for having convicted the respondent in CC.No.3753/2013 dated 05.01.2014.

2. Heard the arguments of learned counsel for the appellant as well as learned counsel for respondent.

3. The ranks of the parties are retained for the purpose of convenience.

4. The case of the complainant is that the accused said to be running traveling business and for improvement of his business and also for construction of his house he had borrowed a sum of Rs.7,00,000/-from the complainant on 4.5.2012 and promised to repay within 5 months and also had issued a post dated cheque drawn on Central Bank of India Ramamurthy Nagar, Bangalore and on the same day the wife of the accused executed a loan agreement. accordingly, when the cheque was presented for encashment it had become dis-honoured for "funds insufficient", hence after issuing notice complaint came to be filed. after taking cognizance the accused appeared before