C.T. RAVIKUMAR, J.

1. This appeal is directed against the judgment dated 11.11.2010 in Crl. A. No. 680 of 2006 passed by the Court of Additional Sessions Judge (Fast Track Court-III), Thiruvananthapuram. As per the impugned judgment the Appellate Court reversed the conviction and also the sentence imposed on the first respondent/accused in a prosecution for commission of an offence punishable under Section 138 of the Negotiable Instruments Act. The appellant herein was the complainant and the first respondent herein was the accused in C.C. No. 228 of 2004 on the files of the Court of Judicial First Class Magistrate-V (Special Court for Marklist Cases), Thiruvananthapuram. For the sake of convenience, the parties are referred to hereafter in this judgment in accordance with their status in this appeal.

2. The appellant filed a private complaint alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act against the first respondent. Her case was that the first respondent borrowed an amount of Rs. 75,000/- from her and in discharge of the said legally enforceable debt he issued Ext.P1 cheque. When Ext.P1 cheque was presented for encashment it