This appeal is filed by the appellant-complainant

under Section 378(4) of Cr.P.C for setting aside the

judgment of acquittal passed by the XII ACMM,

Bengaluru in C.C.No.17846/2014 on 08.07.2015 for

having acquitted the respondent-accused for the

offence punishable under Section 138 of Negotiable

Instruments Act, 1881.

2.

Heard the arguments of learned counsel for

the appellant and learned counsel for the respondent.

3.

The rank of the parties before the trial

Court retained for the sake of convenience.

4. The case of the complainant is that the

complainant and the accused are known persons and

in the month of March 2014 the accused requested for

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financial assistance and borrowed hand loan of Rs.3

lakhs from the complainant with an assurance to

repay the same within two months. Accordingly he

issued a cheque bearing No.031954 dated 02.05.2014

for Rs.3 lakhs and when the cheque was presented for

encashment it was dishonoured for the reasons "funds

insufficient" on 27.05.2014. The legal notice was

issued to the accused to his address through RPAD on

02.06.2014 which was served on him on 05.06.2014

but he neither replied nor repaid the money. Hence,

complaint came to be filed un