JUDGMENT

This appeal is by the complainant challenging the acquittal of respondent/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I. Act'), by the Sessions Court, by reversing the conviction imposed by the trial Court.

2. For the sake of convenience, parties are referred to by their rank before the trial Court.

3. It is the case of complainant that he and accused are co-brothers having married sisters. Complainant is a Seaman working in a Merchant Ship. In the first week of August 2004, accused requested the complainant for a hand loan of Rs.7 lakhs to meet his urgent financial commitments. Complainant agreed for the same. In the month of August 2004, complainant arranged payment of Rs.5 lakhs to the accused through his sister- in-law. In the month of November 2004, he paid Rs.1,31,000/- to the accused through his brother Ronald Monterio. Remaining Rs.69,000/- was paid by the complainant to the accused in the month of November 2004. All these payments were made through cheques. Accused promised to repay the same with interest before the end of December 2005.

3.1 However, accused failed to repay the hand loan.

Upon persistent reque