ORDER :

Above appeal is filed by the accused in C.C.No.1160/2002 on the file of the Judicial First Class Magistrate -I, Ernakulam. The appeal is filed against the order of acquittal of the 2nd respondent herein. The above case is filed by the appellant before the lower Court against respondent No.1 and 2 to prosecute them under section 138 of the Negotiable Instruments Act (hereinafter, the parties are mentioned in accordance to their rank before the trial Court).

2. The case of the complainant in brief is as follows:-

The complainant is engaged in the business of transporting containers and hiring trailer lorries for transporting. According to the complainant, the accused issued a cheque drawn on M/s.Federal Bank Ltd. dated 26.06.1999 for Rs.1,96,000/-in favour of the complainant for discharging the liability incurred in the business. The cheque was presented for encashment, it was dishonored with an endorsement 'fund insufficient'. When a statutory notice was issued, the accused refused to pay the amount. Hence, the complaint was filed.

3. To substantiate the case, one witness was examined on side of the prosecution. Exts. P1 to P6 are the exhibits. On going through the evidence and