This is an appeal filed under Section 378(4) of

Criminal Procedure Code, 1973 (8Cr.P.C.9 for short) by the

appellant/complainant challenging the judgment of acquittal

passed by the XXII Additional Chief Metropoliton Magistrate,

Bangalore City in CC No.13136/2012 dated 24.03.2016,

whereby

the

learned

magistrate

has

acquitted

the

accused/respondent herein for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881 ( 8N.I.

Act9 for short).

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 leading to the case are

that, the complainant and accused are well conversed with

each other since many years and the accused had borrowed

a sum of Rs.6,00,000/- from complainant on 10.12.2010 by

3

way of cash. It is also asserted that the accused had

demanded hand loan only to be paid in cash on the ground

that he has to repay the other hand loans borrowed by him

from others. The accused has assured the complainant that

he would repay the above said sum within six months and

when complainant demanded repayment of the amount in

June 2011, accused has issued a cheque