This appeal is at the instance of the complainant in C.C. No. 312/99 before the Judl. First Class Magistrate's Court, Ernakulam. The firm Capital Syndicate through its Manager filed the criminal complaint against the accused Jameela Alleging commission of offence u/s. 138 of the Negotiable Instruments Act (For short, hereinafter referred to as "the Act"). The accused obtained hire purchase facility from the complainant firm, doing financial business, in respect of her autorikshaw bearing no. KL-10/7100 and received an amount of Rs. 27,950/- by executing Ext. P3 agreement on 8-10-1983. The entire amount with interest thereon had to be repaid in 36 installments. It was alleged that after remitting 8 installments, the accused defaulted and when the complainant demanded repayment of the entire balance amount, in April 1999, the accused issued a cheque drawn on Dhanalakshmi Bank, Kunnamkulam Branch for an amount of Rs. 36,300/-. On presentation of the above cheque for encashment, it was dishonoured due to the insufficiency of funds in the account of the accused and after complying with all the necessary legal formalities, the Manager of the firm Capital Syndicate filed the c