The appellant/complainant has preferred this

appeal against the judgment of acquittal dated 04.08.2011

passed in C.C.No.1030/2009 by the Court of Prl. Senior

Civil Judge & CJM, Davangere.

2.

For the sake of convenience, the parties in this

appeal are referred to as per their status and rank before

the Trial Court.

3.

The case of the complainant is that accused is

the proprietor of M/s. Banaras Sughanda House herein

after referred to a "Firm" and claims that earlier it was a

partnership Firm between the accused and his brother M.

Ishaq Banarasi. Further, he claims that the accused had

business transaction with him and the accused has availed

credit facility of Rs.8,00,000/- (Rupees Eight lakhs only),

- 3 -

and in the meanwhile, partner of the accused by name M.

Illias Banarasi, went out of the partnership and the

accused continued the business of the Firm as a sole

proprietor.

He

further

claims

that

the

accused

acknowledged

the

debt

by

executing

a

letter

of

undertaking dated 12.12.2003 by assuring that he will

make payment towards the dues from time to time and in

pursuance of the said assurance, the accused issued

cheque for Rs.50,000/- and for Rs.2,00,000/- respectively

drawn