JUDGMENT :

1. The order of acquittal of accused passed by the Additional Sessions Judge, Kottayam in Crl.A.No.540/2003 reversing the order of conviction and sentence of the trial court in C.C. No.818/1999, a private complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act'), is challenged by the complainant in this appeal filed under Section 378(4) of the Code of Criminal Procedure, 1973(for short' the CrPC').

2. The appellant claimed before the trial court that the accused issued Ext.P1 cheque post-dated to 27.03.1999 for an amount of Rs.70,000/-in the name of the appellant drawn on Syndicate Bank, Changanacherry Branch, in discharge of a legally enforceable debt incurred by him. The cheque on presentment was dishonoured by the drawee bank with an endorsement 'account closed'. Thereupon, the appellant sent Ext.P4 demand notice by registered post in the correct address of the accused which returned as 'unclaimed'. Thereafter, the complainant lodged the complaint under Section 138 of the NI Act, claiming it to have been filed in compliance with all statutory formalities.

3. The accused, who denied the charge against him in the trial court, oppos