1. Appellant is the complainant in C.C.No.554/2002 on the file of the Judicial Magistrate of the First Class-II, Thrissur. He prosecuted the first respondent alleging offence under Section 138 of the Negotiable Instruments Act (N.I.Act ) with a plea that the first respondent owed a sum of Rs.5,35,000/-and in discharge of the said liability, Ext.P1 cheque dated 12.5.1998 drawn on Canara Bank, Puthanchanda, Trivandrum branch was issued and that when sent for collection through the State Bank of India, Thrissur branch, Ext.P1 was returned dishonoured for insufficient funds along with Ext.P2 memo issued from the drawee bank and Ext.P3 intimation issued from the payee's bank. Exts.P2 and P3 are dated 14.8.1998 and 21.8.1998 respectively. The appellant pleaded that he got Exts.P2 and P3 on 9.9.1998 and issued a notice on 14.9.1998, a copy of which was marked as Ext.P5, demanding discharge of the liability. Though the first respondent acknowledged the notice on 16.9.1998 the liability was not discharged, but a reply was caused.

2. The first respondent, in response to the process served, entered appearance and pleaded not guilty when the particulars of the offence were read over