Mr. Harun Ul Rashid, J.

Appellant is the complainant in C.C.No.765/2006 on the file of the Judicial Magistrate of the First Class-I, Thodupuzha. The complaint was instituted alleging offence punishable under Section 138 of the Negotiable Instruments Act. The court below by the impugned judgment dated 19/12/2007 found that the accused is not guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and he was acquitted under Section 255(1) Cr.P.C. The parties are hereinafter referred to as the complainant and accused as arrayed in the complaint.

2. The case of the complainant is that the accused borrowed Rs. 2 lakhs from him for one month. When he demanded the money, the accused came to his residence on 4/7/2005 and issued Ext.P1 cheque. When the cheque was presented for encashment, it was dishonoured due to "funds insufficient". Memo issued by the Canara Bank, Thodupuzha Branch is marked as Ext.P2 and the memo dated 13/7/2005 of the Idukki District Co-operative Bank is marked as Ext.P3. The complainant issued Ext.P4 notice to the accused intimating dishonour of the cheque on 18/7/2005. Exts.P5 and P6 are the postal receipts and acknowledgement car