This appeal is directed against the order of acquittal in S.T.C.No.2445 of 1991 of learned Judicial Magistrate, Padmanabhapuram. By the judgment dated 16.04.1992, 1st Respondent / Accused was convicted of the Charge under Sec.138 Negotiable Instruments Act.

2. Gist of the Complaint. The Accused borrowed a sum of Rs.14,000/- from the Complainant on 14.08.1991 at Thakkalai, agreeing to repay the entire amount on 02.09.1991. When the Complainant demanded the amount on 02.09.1991, the Accused issued Ex.A.1 - Cheque, bearing No.522748 of the State Bank of India, Kalkulam Branch for Rs.14,000/-. Ex.A.1 - Cheque was presented for collection on the same day i.e. on 02.09.1991. The Cheque was returned unpaid for want of money with endorsement ' fund insufficient '. On 09.09.1991, the Complainant issued Ex.A.3 - Notice to the Accused. The same was received by the Accused on 24.09.1991. But the Accused did not pay the amount. Hence, the complaint.

3. To substantiate the averments made in the complaint, in the Trial Court the Complainant examined himself as P.W.1. Exs.P.1 to P.5 were marked. During the questioning under Sec.313 Crl.P.C., the Accused denied his liability stating that