K. SREEDHAR RAO, J.

( 1 ) THE appeal is filed against the judgment and order of the acquittal passed by the judicial magistrate of the first class, shimoga in c. c. No. 368 of 1993. The appellant is the complainant before the trial court had filed a complaint under Section 200 of the Criminal Procedure Code against the respondent-the accused before the trial court for committing an offence punishable under Section 138 of the negotiable instruments act. As per the complainant's version, the accused had borrowed a sum of Rs. 30,000/- on 10-2-1993 for his business purpose and towards the repayment of the said liability cheque, ex. P. 1, dated 20-8-1993 for Rs. 30,000/- was issued drawn on bank of india, shimoga branch. The complainant submitted the cheque through his banker for collection which was dishonoured with an endorsement 'there are no sufficient funds'. Consequently, a legal notice was issued as required under law intimating the dishonour and denying payment. The accused replied the legal notice disowning the liability contending that he has not issued any cheque and that the complainant was associated with the business of the accused carried under the style of "darshan prabha

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