JUDGMENT

K.A. Mohamed Shafi, J. - The complainant in S.T.C. No. 32/90 on the file of the Judicial first Class Magistrate's Court, Cherthala is the appellant.

2. The appellant filed the complaint before the lower Court alleging offence punishable under Section 138 of the Negotiable Instruments Act against the respondent. According to him, the respondent borrowed Rs. 10,000/- from him on 15-7-1989 form his house and issued a cheque for Rs. 10,000/- drawn on District Treasury Savings Bank, Alappuzha and when the cheque was presented for encashment on 26-12-1989 it was bounced. It is also alleged that when the appellant came to know about Ute dishonour of the cheque on 9-1-1990 he caused to send registered notice to the respondent on 18-1-1990 Informing about the dishonour of the cheque and calling upon him to pay the amount. But that notice was returned un-served and again he caused to send another notice dated 3-1-1990. But the respondent has not repaid the amount.

The lower Court after trial by judgment dated 27-9-1990 found the respondent not guilty of the offence alleged gains him and acquitted him and set him at liberty. The judgment is under challenge in this appeal.

3. The fact