K. RAMAKRISHNAN, J.

1. The complainant in C.C.No.296/2001 on the file of the Judicial First Class Magistrate Court, Payyoli is the appellant herein. The case was taken on file on the basis of a private complaint filed by the complainant against the first respondent alleging offence under section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').

2. The case of the complainant in the complaint was that the accused borrowed a sum of Rs.1,28,000/- and in discharge of that liability, he had issued Exts. P1 and P2 cheques for Rs.78,000/- dated 14.9.2001 and Rs.50,000/- dated 6.9.2001 drawn on State Bank of Travancore, Vadakara branch in favour of the complainant, which when presented were dishonoured for the reason 'account closed' vide Exts. P3 and P4 dishonour memos. This was intimated to the complainant by his banker vide Ext.P5 letter. The complainant issued Ext.P6 lawyer notice vide Ext.P7 postal receipt and the same was received by the accused evidenced by Ext.P8 postal acknowledgement. He sent Ext.P9 reply notice denying the allegations and the liability. So according to the complainant, since the accused had hot paid the amount, he had committe