(Appeal against the Judgment dated 22.11.2002 made in C.C.No.134 of 1996 on the file of the learned District Munsif-cum-Judicial Magistrate, Avinashi.)

This appeal is preferred by the complainant challenging the Judgment of acquittal passed by the Judicial Magistrate, Avinashi, in C.C.No.134 of 1996 dated 22.11.2002 acquitting the accused for the offence under Section 138 of Negotiable Instruments Act (for short "The Act").

2. The case of the complainant is that on 10.04.1996, the accused borrowed Rs.2,50,000/- from him with a promise to return the same within a period of two months. Thereafter, the complainant made several reminders to the accused to repay the amount and ultimately on 10.05.1996, the accused issued a cheque, Ex.P.1, dated 10.05.1996 for a sum of Rs.2,50,000/- drawn on State Bank of India, Avinashi Branch, in favour of the complainant. The complainant further stated that on 23.08.1996, he has deposited the cheque, Ex.P.1, dated 10.05.1996 before the State Bank of India, Avinashi. Thereafter, the cheque was dishonoured on the ground of "Insufficient Funds". Ex.P.2 is the Banker's Memo. Ex.P.3 is the State Bank of India, Bank Chalan, dated 23.08.1996. There