P.D. RAJAN, J.

1. Leave granted. Appellant challenges the judgment of acquittal in Crl. A. 633 of 2007 of Additional Sessions Judge, Fast Track II (Ad hoc), Thrissur for offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as NI Act). The appellant is the complainant in ST 279/2006 of Judicial First Class Magistrate, Irinjalakuda, and the 1st respondent is the accused, he was convicted under Section 138 of NI Act and sentenced to imprisonment for three months and to pay compensation of Rs. 15 lakhs under Section 357(3) Cr.P.C. The facts considered for the indictment were that in May, 2004 first respondent approached the appellant and borrowed a sum of Rs. 15 lakhs and in September, 2004 first respondent and his wife borrowed another Rs. 15 lakhs (total Rs. 30 lakhs) from the appellant. When appellant demanded the due amount of Rs. 30 lakhs, first respondent gave a cheque dated 31/03/2005 drawn on SBI, Thriprayar branch for Rs. 15 lakhs and his wife issued another cheque for Rs. 15 lakhs to pay off the debt. When one cheque was presented for encashment through Irinjalakuda Town Co-operative Bank, Kattingahira branch, it was dishonoured