A.C. Kabbin, J.—Challenging the acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, in judgment dated 15.9.2003 passed by the learned XIII Additional Chief Metropolitan Magistrate, Bangalore in CC No. 30685 of 2001, the complainant of that case has filed this appeal.

2. The case of the complainant in brief is as under:

The accused, the complainant and 4 persons were partners in a firm named Sri. Venkateshwara Finance Corporation. The main business of that firm was money lending. Due to personal problems the complainant and 4 others were forced to retire from the above said firm with effect from 27.6.1998. The accused agreed to continue the business of the firm in his individual capacity and to that extent an agreement was executed between the complainant and the accused along with 4 others on 27.6.1998. As per the agreement the accused agreed to return her capital and hand loan standing at the credit of the complainant as on 31.3.1998 after adjusting the amount due by her to the firm. The amount due to the complainant as on 31.3.1998 was Rs. 1,58,200 being the capital amount and a sum of Rs. 46,800 being the hand loan