Mrs. R. Banumathi J. —This appeal is directed against the Order of acquittal in S.T.C. No. 2445 of 1991 of the learned Judicial Magistrate, Padmanabhapuram. By the Judgment dated April 16, 1992, the first respondent/accused was convicted of the charge under Section 138 of the Negotiable Instruments Act, 1881.

2. Gist of the complaint : The accused borrowed a sum of Rs. 14,000/- from the complainant on August 14, 1991, at Thakkalai, agreeing to repay the entire amount on September 2, 1991. When the complainant demanded the amount on September 2,1991, the accused issued exhibit A.1-cheque, bearing No. 522748 of the State Bank of India, Kalkulam branch for Rs. 14,000/-. Exhibit A.1-cheque was presented for collection on the same day i.e., on September 2, 1991. The cheque was returned unpaid for want of money with the endorsement “funds insufficient”. On September 9,1991, the complainant issued exhibit A.3-notice to the accused. The same was received by the accused on September 24, 1991. But the accused did not pay the amount. Hence, the complaint.

3. To substantiate the averments made in the complaint, in the trial court the complainant examined himself as PW.1. Exhibits P1