JUDGMENT :

1. Order of acquittal of accused dated 05.06.2007 on the file of Chief Judicial Magistrate, Kasaragod, in a prosecution instituted under Section 138 of the Negotiable Instruments Act, 1881(for short 'the N.I. Act'), is challenged by the complainant in C.C. No.613/2006.

2. The prosecution case is that accused borrowed an amount of Rs.1,90,000/- on 26.01.2006 from complainant at his house in Mangalapuram and issued to the complainant Ext.P1 cheque post dated to 27.04.2006 drawn on Canara Bank, Urva Market, Mangalore Branch. The cheque on presentment was dishonoured on the ground that account owned by the accused was closed. Later, a demand notice calling upon the accused to discharge the debt was sent which he accepted. No reply was sent and therefore, after waiting for the prescribed period of time fixed by the statute, complaint under Section 138 of the N.I. Act was filed.

3. The accused after having appeared before the court below pleaded not guilty and contested the case. On the side of the appellant, he got examined as PW1 and Exts.P1 to P6 were marked. After prosecution evidence was over, the accused was examined and in his statement given under Section 313 of the Code