JUDGMENT

Pradeep Singh Yerur, J.—This appeal is preferred by complainant against the judgment of acquittal passed by the Prl. Civil Judge (Jr.Dvn.) and JMFC. At Bhatkal in CC NO.2039/2007 dated 27.11.2010.

2. Brief facts leading to the filing of this appeal is as follows:

According to the appellant, respondent is his close friend and on 02.04.2007, he borrowed a hand loan of Rs.2,50,000/ from appellant for his urgent financial need and promised to repay the same within a period of two months. On 01.06.2007 respondent herein got issued a cheque dated 01.06.2007 for Rs.2,50,000/- in his favour towards repayment of loan amount obtained from appellant.

3. On presentation of the said cheque to his banker i.e Syndicate Bank, Bhatkal, complainant was surprised to receive an endorsement from the Bank stating “insufficient funds” and same was endorsed by the bank as ‘not arranged for’.

4. In view of dishonour of the cheque, appellant got issued a legal notice to respondent on 09.07.2007. On receipt of the said legal notice, respondent got issued reply denying the contents of the legal notice and accordingly sought for return of the said cheque along with one more cheque from the appel