JUDGMENT :

1. This is an appeal filed under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’ for convenience). The appellant is the complainant in S.T. No. 623/2015 on the file of the Judicial First Class Magistrate Court (Temporary), Attingal and the appellant impugns judgment in the above case dated 27.02.2018, whereby the learned Magistrate acquitted the first respondent herein, who is the accused in the above case on appreciation of evidence.

2. Heard the matter in detail and lower court records are perused.

3. The case of the complainant before the trial court was that, the accused issued two cheques bearing Nos.597146 and 597147 dated 13.08.2013 drawn on the State Bank of India, Pattom Branch for Rs.10,00,000/-each to discharge the liability towards the complainant. Although the cheques were presented for collection, the same were returned for want of funds. Though notice intimating dishonour of cheques and demanding payment of the amount covered by the cheques were issued, the accused failed to make the payment or to send the reply.

4. The learned Magistrate took cognizance of the matter and secured the presence of the accused for