K. Balakrishnan Nair, J.—This is an appeal against acquittal of the 1st respondent/accused, filed by the complainant, after obtaining leave of this Court.

2. The brief facts of the case are following: The appellant is the complainant in S.T. No. 73/2000, on the files of the Chief Judicial Magistrate’s Court, Alappuzha. The complaint was one under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “the Act”). The 1st respondent issued cheque No.454255 of Lord Krishna Bank, Alappuzha branch dated 4.6.1999 for an amount of Rs.4,61,400 to the appellant to discharge in full a debt due to him. On 9.6.1999, the 1st respondent paid an amount of Rs. 2,26,400 as part payment towards the amount due under the aforementioned cheque. The balance amount due to the appellant-complainant was only Rs.2,35,000. Since the said balance amount was not paid, the appellant presented the cheque through the Central Bank of India, Kottayam on 30.11.1999 for collection. But the cheque was returned dishonoured for insufficiency of funds in the account of the accused with the Lord Krishna Bank, Alappuzha branch. The appellant caused to issue a lawyer notice on 7.12.1999 to the 1s