1. The complainant in C.C.No.480/2001 on the file of the Judicial First Class Magistrate Court, Varkala is the appellant. The complaint was filed against the first respondent herein complaining of commission of the offence punishable under Section 138 of the Negotiable Instruments Act by the respondent/accused. The learned Magistrate found that the period of limitation would start from the date of receipt of notice by the accused i.e. 05/09/2000 but the complaint was lodged on 27/11/2000 i.e. after the prescribed time limit as contemplated under Section 138 of N.I. Act. The learned Magistrate hence held that the complainant has failed to prove all the ingredients of S.138 of N.I. Act. On that finding, the learned Magistrate found the accused not guilty of the offence u/s. 138 of N.I. Act. She was acquitted of the said offence u/s.255(1) Cr.P.C. Hence, this appeal is preferred by the aggrieved complainant against acquittal of the accused.

2. The case of the complainant in brief is as follows:-

The accused borrowed an amount of Rs.96,000/- (Rupees Ninety six thousand only) from the complainant on 25/10/1997 at the house of the complainant on condition that it shall be return