1. This appeal is filed challenging the order of acquittal passed by Judicial First Class Magistrate, Thiruvalla in C.C. No. 1049/1997. First respondent is the accused therein. Appellant filed a complaint alleging that first respondent borrowed Rs. 22,690/- on different occasions for the construction of his house and towards discharge of that amount, issued Exhibit P1 cheque dated 2.6.1997 for Rs. 22,690/-, drawn on Pulikeezhu Branch of Central Bank of India and the cheque, when presented for encashment, where the appellant is having an account. It was dishonoured for want of sufficient funds under Exhibit P3, which was intimated to the appellant under Exhibit P2. Appellant sent the original of Exhibit P4 notice demanding the amount covered by the dishonoured cheque. First respondent received it under Exhibit P6 and instead of paying the amount, he sent Exhibit P7 reply raising false contentions. First respondent thereby committed offence under Section 138 of Negotiable Instruments Act.

2. Learned Magistrate, after taking cognizance of the offence under Section 138 of Negotiable Instruments Act, issued summons to the first respondent. First respondent appeared and pleaded