JUDGMENT

This appeal arises out of the judgment passed in C.C.No.12747/2017 dated 15.06.2019 by the XXIII Additional Chief Metropolitan Magistrate, Bengaluru City, wherein the respondent/accused was acquitted for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short hereinafter referred to as N.I.Act)

2. The appellant was the complainant and the respondent was the accused before the Trial court and they will be referred as per their respective ranks held before the trial court for the sake of convenience.

3. The brief case of the complaint is that the accused approached the complainant seeking financial assistance for the purpose of marriage of daughter of the accused which was performed on 13.03.2015. The complainant being a family friend of respondent and residing in the same area, agreed to lend the money. The complainant has given the amount in three instalments. Firstly, the complainant gave a sum of Rs.2,00,000/- for purchase of the gold, again a sum of Rs.2,00,000/- was given and subsequently, a sum of Rs.1,00,000/- was given before the marriage. Totally, the complainant has given a sum of Rs.5,00,000/- as hand loan to the accused and the accu