K.A. Abdul Gafoor, J.—Acquittal of the respondent for the offence punishable under Section 138 of the N.I. Act is assailed in this appeal by the complainant. According to him, he was a dealer in household articles. Accused also did have a shop of the similar articles somewhere else. The accused used to purchase articles on credit from the shop of the complainant. On this count amount was due from the accused. He issued Ext. P1 cheque. It was a post-dated one bearing date 24.3.1998 for an amount of Rs. 58,520 drawn on State Bank of India. Thodupuzha. It was presented to the Bank in August, 1998. It bounced as is revealed by Ext. P2. There upon complainant made a demand for payment of the amount covered by Ext. P1 cheque by issuing a notice. Ext. P4. This was responded to in Ext. P7. As the complainant did not get payment, prosecution was launched. The case of the accused was that Ext. P1 cheque was issued as price of 28 number of mixies, which he had ordered from the complainant on 9.2.1998. But the complainant failed to supply the item. Therefore he issued Ext. D4 stop memo to the Bank, on 10.3.1998. Copy of the order that he had placed was produced as Ext. Dl. That was on