R. Rajendra Babu, J.— This appeal is at the instance of the complainant in C.C. No. 312/99 before Judl. First Class Magistrate’s Court, Kunnamkulam. The firm Capital Syndi-cate through its Manager filed the criminal complaint against the accused Jameela alleging commission of offence under Section 138 of the Negotiable Instruments Act (for short, hereinafter referred to as ‘the Act’). The accused obtained hire purchase facility from the complainant firm, doing financial business, in respect of her autorikshaw bearing No. KL-10/7100 and received an amount of Rs. 27,950/- by executing Ext. P3 agreement on 8-10-1983. The entire amount with interest thereon had to be repaid in 36 instalments. It was alleged that after remitting 8 instal-ments, the accused defaulted and when the complainant demanded repayment of the entire balance amount, in April 1999, the accused issued a cheque drawn on Dhanalakshmi Bank, Kunna-mkulam branch for an amount of Rs. 36,000/-. On presentation of the above cheque for encashment, it was dish-onoured due to the insufficiency of funds in the account of the accused and after complying with all the necessary legal formalities, the Manager of the firm Ca