JUDGMENT :

C.M. Poonacha, J.

The present appeal is filed under Section 378(4) of the Code of Criminal Procedure, [Hereinafter referred as Cr.P.C.] by the complainant calling in question the judgment dated 01.07.2017 passed in CC No.846/2009 (Old)/CC No.06/2017 (New) by the V-JMFC., Belagavi, [Hereinafter referred as trial court] whereunder the complaint filed by the complainant under Section 200 of Cr.P.C. against the respondent-accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, [Hereinafter referred as the Act] was ordered upon and the accused was acquitted of the said offence.

2. The relevant facts in a nutshell leading to the present appeal are that the complainant filed a complaint under Section 200 of Cr.P.C., interalia contending that the accused had approached the complainant and requested for hand loan of Rs.5,00,000/- in the month of November-2008 assuring the complainant to repay the same in the month of April, 2009. Having regard to the same, the complainant paid the said sum of Rs.5,00,000/- to the accused. That when the complainant approached the accused in April 2009 and requested for repayment of said amount, the accused issued