JUDGMENT :

This appeal has been filed by complainant in C.C No.1577 of 2003 on file of Judicial First Class Magistrate Court, Muvattupuzha challenging acquittal of 2nd respondent who was accused of an offence under Section 138 of Negotiable Instruments Act. complaint was filed alleging that 2nd respondent herein had in discharge of a debt, issued cheque No.327388 dated 30.12.2000 drawn on Catholic Syrian Bank, Koothattukulam branch for a sum of Rs.1,70,000/-and on presentation, said cheque was returned unpaid on ground of insufficiency of funds in account maintained by 2nd respondent/accused. complaint was filed after statutory notice and complying with all other formalities.

2. appellant/complainant was examined as PW1 and Exts.P1 to P11 were marked. From side of 2nd respondent/accused, DW's 1 to 3 were examined and D1 to D7 were marked.

3. learned Magistrate, on a consideration of matter found that complainant had failed to prove his case and accordingly, acquitted 2nd respondent/accused.

4. Sri.Peeyus A. Kottam, learned counsel appearing for appellant would submit that circumstances which led to finding that complainant has not proved his case can be seen (in summary) from paragraph