(Criminal appeal against the order dated 26.02.1998 in C.C.No.208 of 1996 on the file of the learned Judicial Magistrate, Udhagamandalam.)

This appeal is preferred by the complainant challenging the order of acquittal passed by the learned Judicial Magistrate, Udhagamandalam, in C.C.No.208 of 1996 dated 26.02.1998 acquitting the accused for the offence under Section 138 of Negotiable Instruments Act (hereinafter referred to as "the Act").

2. The case of the complainant is that the accused issued a cheque, Ex.P.1, dated 12.10.1993 for an amount of Rs.1,00,000/- drawn on Canara Bank, Denaducombai Branch, Udhagamandalam. The complainant thereafter presented the said cheque for payment though their Bankers M/s. Vijaya Bank, Udagamandalam, on 12.10.1993 and the same was dishonoured by the bankers on the ground that the account was already closed. The Bank Memo dated 15.10.1993 is marked as Ex.P.2 and the Bank Intimation dated 18.10.1993 is marked as Ex.P.3. The complainant thereafter sent a registered legal notice dated 30.10.1993, Ex.P.4 and the acknowledgment for the same is marked as Ex.P.5. The accused has also sent a reply notice in Ex.P.6 denying the allegations of the