M.R. Hariharan Nair, J. - The complainant in C.C.No. 119/1996 of the Judicial First Class Magistrates Court Animally is aggrieved that his complaint filed under S. 138 of the Negotiable Instruments Act with regard to Ext. P1 cheque for Rs. 7.000/- ended in acquittal of the present respondent based on the evidence of PWs. 1 and 2, DW1 and Exts. P1 to P6 and D1.

2. The learned counsel for the appellant submitted that the complainant is entitled to a presumption regarding genuineness and passing of consideration with regard to the cheque and the acquittal of the accused was unjustified. It was also pointed out that there was failure on the part of the accused to subject the signature of the drawer in Ext. P 1 to expert examination and that as such his contention that Ext. P 1 was not signed by him is unacceptable.

3. On the arguments advanced in the case the points arise for decision are:

Whether Ext. P 1 is a cheque issued by the respondent?

Whether the accused has committed the offence under S. 138 of the Negotiable Instruments Act?

4. Point No. 1:- Even though the accused had not sent any reply to Ext. P3 notice intimating the dishonour of the cheque in spite of its receipt on 3