Heard the learned counsel Shri N. Murali for the

appellant and the learned Senior Counsel Shri R.S. Ravi

appearing on behalf of Shri Narendra D.V. Gowda, learned

counsel for the respondent.

2. This appeal arises out of the judgment of acquittal

passed by the learned Senior Civil Judge & JMFC,

Krishnarajanagar in C.C.No.308/2016 dated 06.04.2018.

The appellant was the complainant before the Court and

the respondent was the accused.

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3. The appellant filed a complaint before the Trial

Court alleging that on 20.04.2016, the accused borrowed

a sum of Rs.2,50,000/- for his legal necessities and also

for discharge of his earlier loan. The accused promised to

repay the amount and in respect of the payment, he has

issued a post-dated cheque bearing No.189441 for

Rs.2,50,000/- dated 25.05.2016.

Thereafter,

the

complainant presented the said cheque through his banker

Bank, but cheque was returned dishonoured with the

endorsement stating that ‘funds insufficient’. Then, he

issued a legal notice on 03.06.2016 calling upon the

accused to pay the cheque amount. In spite of service of

notice, accused neither repaid the amount nor replied to

the notice. Hence, complainant file