The appellant is a private limited company. It filed a complaint against the second respondent alleging that he committed the offence under Section 138 of the Negotiable Instruments Act. The learned magistrate convicted him of the offence and sentenced him to undergo simple imprisonment for three months and pay a fine of Rs.55,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of three months. In the appeal the learned Sessions Judge set aside the order of conviction and the sentence and acquitted the second respondent. This is challenged in this appeal.

2. Heard the learned counsel for the appellant. Though the second respondent was served with notice, he has not entered appearance.

3. In the complaint filed by the appellant, the allegation was this:

“Towards the discharge of the debit to the tune of Rs. 50,000/- the accused issued his cheque bearing No. 744422 dated 14.6.2001, for Rs. 50,000/- of State Bank of Travancore, Kaduthuruthy Branch to the complainant.”

The cheque was dishonoured by the bank since there was no sufficient fund in the account of the second respondent. In spite of the demand by notice, he did not pay the amoun