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 Principal Civil Judge and JMFC at Hassan in CC

No.1545/2006 dated 05.12.2011, whereby the learned Judge 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-versed with each other, as

they are friends; that the accused has availed hand-loan of

Rs.8.00 Lakhs from the complainant and towards discharge of

the said debt, he has issued a cheque dated 27.03.2006 in

favour of the complainant. It is the further case of complainant

3

that, when the complainant has presented the said cheque for

encashment,

it

was

bounced

for

insufficient

funds

and

immediately the complainant has got issued a legal notice on

07.04.2006, which was served on the accused, but he did not

respond. Hence, the c