A judgment of acquittal made by the learned I Additional Sessions Judge, Coimbatore in a criminal appeal which arose from an order of conviction by the trial Court namely Judicial Magistrate, Tiruppur in a complaint under Sec.138 of The Negotiable Instruments Act, is under challenge.

2. The appellant before this Court filed a complaint under Sec.138 of the N.I. Act with the following facts:

The respondent who was originally the accused before the trial Court, had money transactions with the complainant, and in that way he owed Rs.70,000/-. He issued Ex.P1 cheque dated 21.4.93 drawn on Indian Bank, Rasipuram. The complainant sent the same for collection on 26.4.93 through its Bank namely Lakshmi Vilas Bank, Tiruppur, and the same was dishonoured and returned with the endorsement "exceeds arrangement". The complainant issued a notice on 12.5.93 under Ex.P3. On receipt of the said notice, the accused made a request to wait for some time and present the same again on 21.6.1993. Accordingly, the said cheque was presented for the second time on 21.6.93, and the same was dishonoured and returned as on the earlier occasion. Again the complainant issued another notice under Ex.P2