This appeal is filed by the appellant/complainant

under Section 378(4)

of

Cr.P.C.

challenging

the

judgment of acquittal passed by XIII Additional Chief

Metropolitan Magistrate, Bengaluru, in CC.No.2055/2017,

dated 06.06.2019.

2.

He has also filed I.A.No.1/2019 seeking leave of

the Court under Section 378(4) of Cr.P.C. for instituting

this appeal.

3.

For the sake of convenience, the parties herein

are referred with the original ranks occupied by them

before the trial Court.

4.

The brief factual matrix leading to the case are

that the complainant has lodged a complaint against

accused for the offence punishable under Section 138 of

- 3 -

the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’)

in respect of cheque bounce. It is asserted that the

accused has availed a loan of Rs.9,50,000/- from the

complainant and in discharge of the said debt, cheque

came to be issued which was dishonoured. Hence, he filed

a complaint.

5.

The complainant was examined as PW1 and his

wife was examined as PW2 and one witness was examined

as PW3. He has placed reliance on 15 documents marked

at Ex.P1 to Ex.P15. Then the statement under Section 313

Cr.P.C. was recorded and accused denied the same