ORAL JUDGMENT

1. This appeal is filed by the appellant –

complainant challenging the judgment of acquittal dated 26.02.2018 passed in C.C. No. 264/2016 by the Senior Civil Judge and J.M.F.C., Thirthahalli, whereunder, the respondent – accused has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as ‘N.I.Act’).

2. Case of the appellant – complainant is that the respondent – accused and the appellant – complainant were friends and they were known to each other. The respondent – accused had borrowed hand loan of Rs.2,00,000/- from the complainant on 13.07.2010 and for making repayment of the said loan amount, he had issued a cheque bearing No.1129464 dated 13.09.2010 for Rs.2,00,000/- drawn on Vijaya Bank, Thirthahalli to the appellant – complainant. The appellant – complainant presented the said cheque for encashment and it came to be dishonoured with shara “funds insufficient” on 15.09.2010. The appellant – complainant got issued legal notice and it came to be served on the respondent – accused. The respondent – accused did not pay the cheque amount and therefore, the appellant – complainant filed a p