JUDGMENT

Rajendra Badamikar, J.—This appeal is filed by the appellant for setting aside the judgment of acquittal dated 28.03.2012 passed in CC No.479/2006 by the Civil Judge and JMFC, Ramdurg (for short, hereinafter referred as the ‘trial Court’) and sought for convicting the respondent/accused herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘N.I. Act’).

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

3. The complainant/appellant has filed a complaint under Section 200 of Cr.P.C. against the respondent/accused herein for the offence punishable under Section 138 of the N.I. Act. The allegations were that the complainant is well-acquainted with the accused as they are friends from past six to seven years and the accused is a contractor by profession and the complainant is a painter in Ramdurg Taluk. The accused used to take and return hand-loans from the complainant whenever he needed and on 13.12.2005, the accused requested the complainant to lend Rs.1,20,000/- to him to meet his financial difficulties assuring to repay it after four to five m