This appeal is filed by the appellant-complainant

under Section 378(1) of the Criminal Procedure Code,

1973 (for short, hereinafter referred to as ‘Cr.P.C.’)

challenging the judgment of acquittal passed by the Civil

Judge and JMFC., at Koppal in C.C. No.573/2007 dated

04.03.2011 whereby the learned Magistrate has acquitted

the accused for the offence punishable under Section 138

of Negotiable Instruments Act, 1881.

2.

For the sake of convenience, the parties herein

are referred with the original ranks occupied by them

before the Trial Court.

3.

The brief factual matrix leading to the case are

that, the complainant and accused are the resident of

Koppal and they are friends. It is further alleged that in

furtherance of the friendship, the accused has sought

financial assistance from the complainant for expansion of

his flour mill business to the tune of Rs.3,50,000/- and

accordingly, in February, 2007 the complainant has

advanced a hand loan of Rs.3,50,000/-. When the

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complainant has demanded repayment of the hand loan

after one month, the accused has issued a cheque dated

16.03.2007 as per Ex.P.1 towards discharge of legally

enforceable debt. The complainant has presented