ORAL JUDGMENT

This appeal is filed by the appellant/complainant challenging the judgement of acquittal of the respondent/accused dated 20.08.2022 passed by I Additional Senior Civil Judge and JMFC, Bagalkot in C.C.No.677/2021, wherein, respondent-accused has been acquitted for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘138 of N.I. Act’, for short).

2. The case of the appellant/complainant in brief is as under:

The complainant is running a hotel business at Bagalkot. During the course of hotel business respondent/accused was acquainted with complainant. In pursuance of such acquaintance, accused availed a loan of Rs.2,25,000/- from the complainant on 23.11.2018 for which a loan document is executed by the accused. But accused did not repay the said loan amount as agreed. On demand made by the complainant, accused has issued a cheque bearing No.167191 for Rs.2,25,000/- drawn on Axis Bank, Bagalkot branch dated 05.02.2019 in favour of the complainant for repayment of the loan amount. Complainant presented the said cheque for encashment on 05.02.2019. The said cheque came to be returned dishonoured. Thereafter, the complainant has issu