JUDGMENT :

1. The complainant in S.T. No.128/2007 on the files of the Judicial First Class Magistrate Court-II, Thamarassery, has filed this appeal, with the leave of this Court, challenging the judgment of acquittal dated 31.03.2008, whereby the learned Judicial First Class Magistrate acquitted the accused in the above case, where the prosecution alleged commission of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 [hereinafter referred as ‘NI Act’ for short] by the accused. The 1^st respondent herein is the accused before the trial court and the 2^nd respondent herein is the State of Kerala, represented by the learned Public Prosecutor.

2. Heard the learned counsel for the appellant, the learned Public Prosecutor and the learned counsel appearing for the 1^st respondent, in detail. Perused the verdict under challenge and the records of the trial court.

3. Parties in this appeal shall be referred as ‘complainant’ and ‘accused’ hereafter.

4. In this matter, the case of the complainant, M/s Malabar Chit Funds (P) Ltd. is that, the accused joined in a chitty conducted by the complainant company and though, the accused bid the chitty and collected the prize a