This appeal is filed by the appellant-complainant

under Section 378(4) of the Code of Criminal Procedure,

challenging the judgment of acquittal dated 31.03.2016,

passed

by

the

JMFC,

2^nd

Court,

Karwar,

in

C.C.No.419/2010 by acquitting the accused-respondent

herein for the offence under Section 138 of Negotiable

Instruments Act, 1881.

2.

The brief factual matrix leading to the case are

that, the complainant is the permanent resident of Karwar

and he is doing real estate business. The respondent-

accused is also a businessman doing share marketing of

commodity and equity share business.

3.

It is further asserted that both the accused and

the complainant came in contact in respect of their

business and the accused asked the complainant to join

his business with an assurance to give Rs.15,000/- per

month, in case he invests Rs.1,50,000/- in the business.

Accordingly, the complainant invested Rs.1,50,000/- by

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paying the amount to accused through cheque. But as per

the agreement, the accused did not pay the monthly profit

of Rs.15,000/- as well as the investment amount. The

complainant demanded for repayment of his amount. It is

alleged that on 14.12.2019 the complainant has issue