K.N. Keshavanarayana, J.—This appeal under Section 378 of Cr.P.C. by the complainant is directed against the judgment and other dated 6.1.2007 passed by the Presiding Officer, Fast Track Court-V, Mysore, in Criminal Appeal 211/2005 acquitting the respondent/accused by setting aside the judgment and order of conviction passed by the Additional Civil Judge (Jr. Dn.) JMFC Nanjangud, in CC No.371 of 2003 convicting the respondent/accused for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘Act’’.

2. The appellant filed a private complaint under Section 200, Cr.P.C. against the respondent for offence punishable under Section 138 of the Act inter alia alleging that the respondent/accused borrowed a sum of Rs.2,50,000 from her on 14.8.2000 agreeing to repay the same with interest at 12% p.a. However, subsequently, the accused failed to pay the amount in spite of repeated demands by her and ultimately, the accused issued a cheque dated 30.7.2002 for Rs.3,00,000 drawn on Syndicate Bank, Kuvenmpunagar Branch, Mysore, in favour of the complainant towards repayment of the said debt and when the said cheque was presented for encashment