JUDGMENT

Gopinath P., J.—This appeal has been filed by the complainant in C.C No.1577 of 2003 on the file of the Judicial First Class Magistrate Court, Muvattupuzha challenging the acquittal of the 2nd respondent who was accused of an offence under Section 138 of the Negotiable Instruments Act. The complaint was filed alleging that the 2nd respondent herein had in the discharge of a debt, issued cheque No.327388 dated 30.12.2000 drawn on the Catholic Syrian Bank, Koothattukulam branch for a sum of Rs.1,70,000/- and on presentation, the said cheque was returned unpaid on the ground of insufficiency of funds in the account maintained by the 2nd respondent/accused. The complaint was filed after statutory notice and complying with all other formalities.

2. The appellant/complainant was examined as PW1 and Exts.P1 to P11 were marked. From the side of the 2nd respondent/accused, DW’s 1 to 3 were examined and D1 to D7 were marked.

3. The learned Magistrate, on a consideration of the matter found that the complainant had failed to prove his case and accordingly, acquitted the 2nd respondent/accused.

4. Sri.Peeyus A. Kottam, the learned counsel appearing for the appellant would submit t