S. Marimuthu, J. - This appeal is filed by the complainant one Jayachandran questioning the judgment of acquittal delivered by the Judicial Magistrate of 1st Class, Trichur in S.T. No. 690 of 1992. The case of the appellant as culled out from the judgment of the Trial Court as well as from the argument of the learned Counsel appearing for him would be that a cheque was issued in his favour for a sum of Rs. 25.000/- by the accused/ respondent and when the cheque was put in the Bank for collection it was returned with an endorsement that there was no sufficient fund in the account of the respondent. On receipt of the memo of the Bank within 15 days, the appellant issued notice to the respondent. The notice returned unnerved. Therefore the appellant filed a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to "the Act"). Learned Counsel for the appellant submitted that the acquittal of the respondent is erroneous and it requires interference by this Court.

2. On the other hand the submission of the learned Counsel appearing for the respondent would be that Proviso (c) of Section 138 of the Act, which gives a right to the drawer was not complied