This appeal is filed by the complainant-appellant

challenging the judgment of acquittal dated 03.09.2012,

passed by the Addl. Sessions Judge and Presiding Officer,

Fast Track Court-III, Hosapete, in Crl.A.No.49/2012,

whereby the learned Sessions Judge has set aside the

judgment of conviction and order of sentence dated

21.03.2012, passed by the Prl. Senior Civil Judge and

JMFC, Hosapete, in C.C.No.288/2011, against the accused-

respondent herein for the offence punishable under section

138 of the of the Negotiable Instruments Act, 1881, by

acquitting him.

2.

For the sake of convenience, the parties herein

are referred with the original rankings occupied by them

before the Trial Court.

3.

The brief factual matrix leading to the case are

as under:

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a)

The complainant is a Government Teacher and

an agriculturist. The accused is also a Lecturer in

Government Junior College, Ballari. According to the

complainant, on 19.06.2009 accused borrowed a sum of

Rs.6,00,000/- from the complainant and issued a post

dated

cheque

for

a

sum

of

Rs.6,00,000/-

dated

19.08.2009 towards repayment of the said debt. On

presentation of the said chqeque, it came to be

dishonoured for insufficiency of fund