S.S. Satheesachandran, J.— Complainant is the appellant. His complaint against the 1st respondent, hereinafter referred to as the ‘accused’, for the offence punishable under Section 138 of the Negotiable Instruments Act, for short, the ‘N.I. Act’, after trial, ended in acquittal of the accused. Aggrieved by the judgment of acquittal, questioning its legality, propriety and correctness, he has preferred this appeal.

2. The case of the complainant is that the accused issued Ext P1 cheque for a sum of Rs. 3,50,000 towards discharge of a loan for the above sum, availed one month earlier, promising its encashment on presentation before the bank in due course. The cheque presented, was however, dishonoured due to insufficiency of funds in the account of the accused. Statutory notice issued intimating the dishonour of the cheque and demanding the sum covered by the instrument was responded with Ex. P6 reply notice, raising untenable contentions. The complainant thereupon launched prosecution against the accused for the offence punishable under Section 138 of the N.I. Act.

3. The accused, on appearance, pleaded not guilty when the particulars of the offence were made known. Complai