Appeal against acquittal. The complainant in C.C. 241/89 before Judicial First Class Magistrate, Kannur is the appellant.

2. The complaint was one under Section 142 of the Negotiable Instruements Act alleging commission of offence under Section 138 of the Act. The complainant is the President of the Kannur District Motor Engineering Metal Workers Union. The accused was the proprietor of T.K. Automobiles and General Engineering Service and two other concerns. His factory was closed with effect from 3-9-1987. In pursuance to conciliation proceedings initiated by District Labour Officer, Kannur the disputes between the management and the union were settled and a sum of Rs. 1,50,583/- was agreed to be paid to the workers. The amount was not paid as agreed. Since then a sum of Rs. 29,700/- was paid. Towards the balance a cheque for Rs. 1,17,000/- was issued which when presented in the bank was returned with the endorsement "refer to the drawer". Notice under proviso (b) to Section 138 was sent by the complainant. The accused received that notice, but did not send any reply. Hence the complaint.

3. The accused pleaded not guilty to the charge. The Magistrate found him guilty,