JUDGMENT

1. This appeal under Section 378(4) of Cr.PC is filed by the complainant with a prayer to set aside the judgment and order of acquittal dated 14.01.2020 passed by the Court of Prl. Civil Judge & JMFC, Gadag, in C.C.No.2371/2007, wherein the respondent has been acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act’).

2. Heard the learned Counsel for the parties.

3. The complainant/appellant herein had initiated proceedings against the respondent herein before the Trial Court in C.C.No.2371/2017 with a prayer to convict the respondent for the offence punishable under Section 138 of the Act. It is the case of the complainant that the respondent is a subscriber to the chit conducted by the complainant and towards discharge of legally recoverable debt, the respondent had issued the cheque in question for a sum of Rs.55,452/- in favour of the complainant, and on presentation of the said cheque for realization, the same was dishonoured by the drawee bank with an endorsement ‘drawer’s signature differs’. The complainant, thereafter, issued a legal notice to the respondent and since the respondent failed to repay the amoun