JUDGMENT :

The petitioner is the complainant in C.C. No.969 of 2008 of the Judicial First Class Magistrate Court-II, Kochi. The complaint was filed alleging commission of offence under Section 138 of the Negotiable Instruments Act by the first respondent. As per the averments in the complaint, the first respondent had borrowed an amount of Rs.4,00,000/-from the complainant and towards discharge of that liability, had issued a cheque for Rs.4,00,000/-drawn on the South Indian Bank, Pachalam Branch. The cheque, on presentation, was dishonoured for insufficiency of funds. Although a statutory notice demanding payment of the money due was sent, the accused did not reply to the notice or pay the amount.

2. In order to prove his case, the appellant gave evidence as PW1 and marked Exts.P1 to P6. While questioning under Section 313 Cr.P.C, the accused denied all incriminating circumstances brought out against her, but no defence evidence was adduced. The trial court, on appreciation of evidence and consideration of legal contentions, acquitted the accused under Section 255 (1) Cr.P.C. Hence, this appeal.

3. Adv.G.Krishna Kumar appearing for the appellant assailed the impugned judgment by cont