JUDGMENT

The appellant/complainant has filed this appeal under Section 378(4) of Cr.P.C. challenging the judgment of acquittal dated 30.08.2018 passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru, in CC No.2948/2015, whereby the learned Magistrate has acquitted the accused/respondent-Smt.Rajani Gururaj herein of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, N.I. Act’).

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 of the case are that, complainant-Sri. Jitendra Kumar N.M. and accused-Smt. Rajani Gururaj are relatives and they are well-acquainted with each other. Out of long standing relationship and acquaintance, in the month of July 2013, the accused approached the complainant for hand loan of Rs.10.00 Lakhs for family necessities and for purchase of a site, with an assurance of repayment of the same within a period of 4 to 6 months. The complainant has paid the said amount of Rs.10.00 Lakhs in cash to the accused. After the period assured, in spite of repeated requests and demands, the accused did not repay t