This appeal arises out of the judgment of acquittal

passed in C.C.No.8095/2006 dated 07.03.2012 by the

XVIII ACMM & XX ASCJ, Bengaluru wherein the

respondent/accused was acquitted for the offences

punishable under Section 138 of Negotiable Instruments

Act, 1881 (for short hereinafter referred to as 'N.I.Act').

2.

The appellant filed a complaint before the

learned Magistrate under Section 200 of Code of

Criminal Procedure (for short hereinafter referred to as

'Cr.P.C.') against the accused for the offence punishable

under Section 138 of N.I.Act.

3.

The appellant is the complainant and the

respondent is the accused before the Trial Court. They

will be referred as per their respective ranks held before

the Trial Court for the sake of convenience.

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4.

It is contended that the accused is known to

the complainant. The accused has borrowed a sum of

Rs.90,000/- during the month of April, 2005 and

towards the repayment of the same, he has issued a

cheque bearing No.840034 dated 30.07.2005 for a sum

of Rs.90,000/- drawn on Indian Bank, Avenue Road

Branch, Bengaluru in favour of the complainant. The

complainant demanded the accused to repay the

amount. But he did not repay the amou