JUDGMENT :

JOBIN SEBASTIAN, J.

This appeal has been preferred by the complainant in C.C.No.709 of 1997 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara, challenging the judgment of acquittal rendered in the said case, dated 13.12.2002, alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act (for short “N.I. Act”). For the sake of convenience and clarity, the parties in this appeal are hereinafter referred to as the complainant and the accused.

2. The case of the complainant in brief is as follows;

The accused, in discharge of a liability of Rs.3,00,000/-, issued a cheque dated 03.04.1997 drawn on Federal Bank Ltd. Nagarcoil branch, in favour of the complainant. However, when the complainant sent the said cheque for collection through his account maintained at Federal Bank Ltd., Nagarcoil branch, the same was returned unpaid, stating the reason ‘funds insufficient’. Thereafter, the complainant issued a notice to the accused intimating the dishonour of the cheque and demanding the payment of the cheque amount. However, the accused refused to receive the said notice and did not pay any amount. Thus, the accused is alleged