ORAL JUDGMENT

1. This appeal is filed by the appellant – complainant challenging the judgment of acquittal dated 17.10.2012 passed in C.C.No.36019/2006 by the XVIII Additional Chief Metropolitan Magistrate and XX Additional Small Causes Court Judge, Bengaluru, whereunder, the respondent - accused had been acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as “N.I.Act”).

2. Case of the appellant – complainant in brief is as under;

Respondent No.1 – accused No.1 is a private Limited Company and respondent No.2 – accused No.2 is the Managing Director of respondent No.1 – accused No.1 – Company. For the valuable consideration, which the accused had received from the complainant which was due and liable to pay to him towards repayment of that amount, accused No.2 had issued the cheque bearing No.845392 dated 18.04.2006 drawn on Indian Bank, K.M.C.O, Bengaluru Cantonment Branch for a sum of Rs.2,50,00,000/- in favour of the complainant. The complainant presented the said cheque for encashment. The said cheque came to be dishonoured for the reason “payee stopped payment”. The complainant got issued the legal notice dated 17