This appeal filed under Section 378(4) of Cr.P.C . is by the complainant, challenging the impugned judgment and order passed by the trial Court, dismissing the complaint filed by him alleging offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for shot 'N.I.Act') against the respondent/accused.

2. For the sake of convenience, parties are referred to by their rank before the trial Court.

3. It is the case of the complainant that he and accused are related i.e, father-in-law of complainant and grand father of accused are brothers. Accused is a civil contractor. In connection with his work, since 2006 accused used to borrow hand loan from the complainant and repay the same promptly. In fact during 2011, accused borrowed a sum of Rs.3,00,000/- and repaid the same in two instalments i.e., Rs.2,00,000/- on 19.4.2011 and Rs.1,00,000/- on 26.04.2011. After gaining confidence of the complainant during June 2011, accused requested for hand loan of Rs.9,00,000/-, promising to repay the same within one or one and half months.

Considering the relationship between them, complainant advanced hand loan of Rs.8,45,000 on 20.06.2011. However, accused failed to repay the