MARY JOSEPH, J.

1. This Criminal Appeal is directed against the judgment of acquittal passed by the Judicial First Class Magistrate Court, Muvattupuzha on 12.6.2008 in C.C. No. 3138/2003, a prosecution launched under Section 138 of the Negotiable Instruments Act, 1881 (for short "the N.I. Act"). The complainant is the appellant, the first respondent is the accused and the second respondent is the State. For the sake of convenience, the parties to this appeal are referred to hereinafter in accordance with their original status in the complaint as the complainant and the accused.

2. In the Appeal Memorandum, grounds are raised against the impugned judgment in the following manner:-

(i) While examined as PW-1, the complainant had narrated all crucial aspects relating to the transaction, which are necessary to prove the case. The accused had also admitted the issuance of cheque and affixture of signature therein. In such a circumstance, the offence is proved and the court below ought to have found the accused guilty of the commission of the offence under Section 138 of the N.I. Act and convicted and sentenced him. But, in the case on hand, the court below arrived at a finding on