The appeal is filed by the complainant against the acquittal order passed in S.T.No.2231/1996 on the file of the Court of the judicial Magistrate of the First Class, Kodungallur. The complaint was filed under section 138 of the Negotiable Instruments Act. In the complaint it is stated that the 1st respondent borrowed an amount of Rs.60,000/- from the appellant and in discharge of the said debt, he issued a cheque in favour of the appellant and when the cheque was presented for encashment, the same was dishonoured on the ground of insufficiency of funds in the account of the 1st respondent. On receipt of intimation of dishonor of the cheque, a lawyer's notice was caused to the 1st respondent demanding of the amount covered by the cheque. Since the amount was not paid by the 1st respondent, the complaint has been filed before the court. On the side of the prosecution PW1 and PW2 were examined and Exts.P1 to P10 were marked. After closing the prosecution evidence, the 1st respondent was questioned under section 313 of the Code of Criminal Procedure. He denied the incriminating offence adduced against him and stated that he borrowed an amount of Rs.75,000/- from Divikaran f