JUDGMENT

B. Kemal Pasha, J.—Can the dishonour of a cheque issued by the drawer by affixing his/her old signature after the change of his/her signature and intimation of such change to the bank, whatever be the reason shown by the banker for its dishonour, invite an offence under Section 138 of the Negotiable Instruments Act?

2. This appeal on special leave has been preferred by the complainant in C.C.No.477 of 2006 of the Chief Judicial Magistrate’s Court, Alappuzha, challenging the judgment of acquittal passed by the court below under Section 255 (1) of the Code of Criminal Procedure.

3. The case before the court below is, as a result of a private complainant filed by the appellant herein as complainant, against the first respondent herein as accused, alleging an offence punishable under Section 138 of the Negotiable Instruments Act.

4. The case of the appellant is that the first respondent had borrowed an amount of ‘.62,000/- from him for her business purpose on 10.03.2006 and, in discharge of the said liability, issued Exhibit P1 post dated cheque to him. When the appellant presented Exhibit P1, it returned dishonoured with the dictum ‘account closed’. A notice as contemplated u