JUDGMENT

Rajendra Badamikar, J. - Though this appeal is listed for admission, with the consent of the learned counsels appearing on both sides, the same is taken up for final disposal.

2. The complainant/appellant has filed this appeal under Section 378(4) of Criminal Procedure Code, 1973 ('Cr.P.C.' for short) challenging the judgment of acquittal dated 01.09.2017 passed by the Civil Judge and JMFC, Holenarasipura ('trial Court' for short) in C.C. No.675/2013, whereby the learned Magistrate has acquitted accused/respondent herein for the offence 138 of N.I. act.

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

4. The brief factual matrix leading to the case is that, the complainant and accused are acquainted with each other and the respondent borrowed loan of Rs.3,00,000/-on 25.11.2013 for his legal necessities. It is the further case of the complainant that, towards repayment of the said loan, the accused has issued a cheque dated 28.03.2013 drawn on Post Office, Holenarasipura and when the complainant has presented the said cheque, it was returned with an endorsement 'Insufficient Funds'. Later on, the co