JUDGMENT :

JOHNSON JOHN, J.

This appeal by the complainant is against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I Act’ for short).

2. The allegation in the complaint is that the accused borrowed Rs.1,50,000/- from the complainant during April, 2002 and towards discharge of the said liability, he issued cheque dated 25.7.2002 for Rs.1,50,000/-. Subsequently, when the complainant presented the cheque for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of issuance of statutory notice, the accused failed to pay the cheque amount to the complainant.

3. Before the trial court, from the side of the complainant, PWs 1 and 2 were examined and Exhibits P1 to P5 were marked and from the side of the accused, DW1 examined and Exhibit D1 marked.

4. After considering the oral and documentary evidence on record and hearing both sides, the trial court found that the complainant has not succeeded in proving the offence under Section 138 of the N.I Act against the accused and hence, the accused was acquitted.

5. Heard Smt. Bhavana K.K., the learned counsel representing the learned counsel for the