The appellant herein was the complainant before the Judicial First Class Magistrate, Varkala in C.C. No. 252/93, in which the present respondent was the accused. The said complaint was filed under Section 138 of the Negotiable Instruments Act (as amended in the year 1989). The appeal has been filed, questioning the judgment of the said Magistrate for acquitting the accused respondent under section 255(1), Cr.P.C. on the only ground that there was no proper notice issued by the appellant to the respondent as required under section 138 of the Negotiable Instruments Acts. Admittedly, the appellant and the respondent have been doing hardware business in Varkala and the respondent was purchasing articles from the wholesale business of the appellant. On 9-11-1991, the respondent purchased hardwares for a total sum of Rs. 41,639.50 out of which Rs. 11,639.50 was paid on that day itself and for the balance the respondent issued Ext. P1 cheque to the appellant. When Ext. Pt was presented in the bank for collection on 13-4-1992, it was returned on the same day as no amount was available in the account of the respondent. Thereafter the appellant issued a notice Ext. P4 (copy) on 2