JUDGMENT

1. This appeal is filed by the appellant-complainant under Section 378(4) of the Code of Criminal Procedure, challenging the judgment of acquittal dated 31.03.2016, passed by the JMFC, 2nd Court, Karwar, in C.C.No.419/2010 by acquitting the accused-respondent herein for the offence under Section 138 of Negotiable Instruments Act, 1881.

2. The brief factual matrix leading to the case are that, the complainant is the permanent resident of Karwar and he is doing real estate business. The respondent-accused is also a businessman doing share marketing of commodity and equity share business.

3. It is further asserted that both the accused and the complainant came in contact in respect of their business and the accused asked the complainant to join his business with an assurance to give Rs.15,000/- per month, in case he invests Rs.1,50,000/- in the business. Accordingly, the complainant invested Rs.1,50,000/- by paying the amount to accused through cheque. But as per the agreement, the accused did not pay the monthly profit of Rs.15,000/- as well as the investment amount. The complainant demanded for repayment of his amount. It is alleged that on 14.12.2019 the complainant has issue