JUDGMENT: The appellant who was the complainant in S.T. No. 183 of 1995 of the Chief Judicial Magistrate Court, Alappuzha is aggrieved that the complaint filed by him alleging offence under Sec. 138 of the Negotiable Instruments Act against the respondent herein resulted in acquittal of the accused.

2. The allegation in the complaint was that towards dues under business transaction the accused gave Ex.P-1 cheque to the complainant and that when presented for payment it bounced for want of funds and that in spite of the statutory notice, the amount remains unpaid.

3. The petitioner gave evidence as P.W. 1. The accused, it appears, took up the stand that Ex.P-1 cheque was issued on behalf of a concern by name ‘Simpson Coir Works’ and hence the accused who is an individual has no liability. In the impugned judgment the learned Magistrate, however, rejected the said contention and found that the cheque was issued by the accused as proprietress of ‘Simpson Coir Works’ and not in any other capacity. The evidence with regard to dishonouring of the cheque for want of funds, issuance of notice, etc. were also found to be adequate. The only reason for granting acquittal to the accused was the

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