K.A. Mohammed Shafi J.

The complainant in C.C. No. 40 of 1993 on the file of the Judicial First Class Magistrate's Court, Changanacherry, is the appellant.

2. He filed the complaint against the respondent alleging the offence punishable under S.138 of the Negotiable Instruments Act, hereinafter referred to as 'the Act', on the ground that the respondent-accused issued a cheque for Rs. 3,000/- to discharge his previous liability and on presentation of the cheque for collection, it was bounced and he did not pay the amount inspite of the registered notice sent to him through an. Advocate calling upon him to pay the amount.

3. The lower court, after trial, found the respondent not guilty of the offence punishable under S.138 of the Act, acquitted him and set him at liberty by judgment dated 27.1.1994. Hence, the complainant has come up in appeal before this Court.

4. The lower court rightly rejected the contention of the respondent that there was no proper notice as contemplated under proviso (b) to S.138 of the Act. That contention of the respondent was based on the fact that he was known as Joseph J. Kondody, whereas the registered notice was sent to Jose J. Kondody. Even th