ORAL JUDGMENT

1. Heard the learned counsel for the appellant and the learned counsel for the respondent.

2. This appeal is filed against the order of acquittal passed by the Trial Court in C.C.No.386/2018 dated 08.02.2019 for the offence punishable under Section 138 of Negotiable Instruments Act .

3. The factual matrix of case of the complainant before the Trial Court that the appellant and respondent are working together in BESCOM at K.R circle, Bengaluru from several years and they are known to each other. The appellant retired from the service in the year 2014 and he has received the substantiating retirement service benefits from the BESCOM authority. The respondent being co-employee wants to perform her sister’s marriage and requested hand loan of Rs.11,70,000/- and she want to discharge her liability towards constructions of house in which she is residing now. Accordingly, the appellant has conceded her request paid the above said amount in the month of June 2014 and she has agreed and promised to repay the amount within two years and after two years the appellant has requested her to repay the said amount and for discharge of her liabilities she has issued a subject matter of