First respondent lodged the complaint alleging that petitioner purchased goods and issued Ext.P2 cheque drawn in his account maintained in Irinjalakuda Branch of Canara Bank for payment of Rs.89,048/- due and when the cheque was presented for encashment through Lord Krishna Bank, Kaloor Branch where first respondent has an account, under Ext.P3 memo the cheque was dishonoured for want of sufficient funds and it was intimated to first respondent under Ext.P4 memo and first respondent sent Ext.P5 lawyer notice demanding the amount under registered post. It was contended that as the postal acknowledgement was not received, first respondent sent Ext.P6 complaint to the Postmaster, Changampuzha Nagar Post office from where Ext.P5 notice was sent and Ext.P7 letter was received from the Postmaster stating that matter will be enquired and fact will be intimated. It was contended that petitioner did not pay the amount and thereby committed an offence under section 138 of Negotiable Instruments Act.

Petitioner pleaded not guilty. Learned Magistrate on the evidence of PW1, DW1 and Exts.P1 to P8 found petitioner guilty and convicted and sentenced him to undergo simple imprisonment fo