t the judgment dated 22.12.2005 in Crl. Appeal No. 161 of 2005 of the Additional District and Sessions Judge, Vadakara, whereby the judgment dated 14.02.2005 of the Judicial First Class Magistrate, Vadakara in C.C. No. 176 of 2002 is set aside and the accused/second respondent was found not guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’) and acquitted.

2. The appellant is the complainant. The case of the complainant is that while the complainant and the accused were working in Qatar, the accused borrowed an amount equivalent to Indian Rs. 11,50,000/- from the complainant on 07.12.1999 and subsequently issued two cheques, one for Rs. 4,00,000/- and other for Rs. 7,50,000/- and when the complainant presented the cheque for collection, the same was dishonoured due to insufficiency of funds and in spite of issuance of statutory notice, the accused failed to pay the cheque amount.

3. The complainant filed C.C. No. 176 of 2002 with respect to Exhibit P1 cheque for Rs. 4,00,000/- and C.C. No. 240 of 2002 with respect to Exhibit P2 cheque for Rs. 7,50,000/-.

4. As per the order in Crl. M.P. No. 964 of 2003, joint trial was conducted and fro