K. Ramakrishnan, J.—Complainant in S.T.No. 1502/2000, on the file of the Judicial First Class Magistrate Court-II, Thrissur, is the appellant herein. The case was taken on file by the magistrate on the basis of a private complaint filed by the complainant under Section 138 of the Negotiable Instruments Act, (hereinafter called ‘the Act’).

2. The case of the complainant in the complaint was that, the accused borrowed a sum of Rs. 55,000/- from the complainant and in discharge of that liability, he had issued Ext.P1 cheque drawn on District Co-operative Bank Ltd., Vadanappally Branch. The cheque when presented was dishonoured for the reason ‘funds insufficient’ in the account of the accused vide Ext.P2 dishonour memo and this was intimated to the complainant by his banker vide Ext.P3 letter. The complainant issued Ext.P4 notice vide Ext.P5 postal receipt and the same was received by the accused evidenced by Ext.P6 postal acknowledgment. He had not paid the amount. So he had committed the offence punishable under Section 138 of the Negotiable Instruments Act. Hence the complaint.

3. When the accused appeared before the court below, the particulars of offence were read over and