J U D G M E N T

This appeal is by the complainant challenging the impugned judgment and order, whereby the complaint filed under Section 200 Cr.P.C for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I. Act'), against the respondent/accused came to be dismissed.

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

3. It is the case of the complainant that he and accused are family friends. In turn accused is a friend of one Ravi Shiriyanna. Accused is an architect. During the month of September 2007, accused and his friend Ravi Shiriyanna approached the complainant for hand loan of Rs.25 lakhs. Accused offered to deposit the title deeds of Ravi Shyiriyanna as security towards the loan. They offered to pay simple interest. Accordingly, Ravi Shiriyanna handed over the original title deeds of his property at Hubli/Dharwad. Believing the words of accused and out of good faith in the accused, complainant advanced loan of Rs.25 lakhs on 03.09.2007. However, accused and Ravi Shiriyanna failed to repay the amount within the stipulated time. After repeated request and demand, accused informed the complainant t