This appeal has been preferred against the Judgment of acquittal in C.C.No.4030 of 1997 on the file of the Court of XIV Metropolitan Magistrate, Egmore, Chennai. The complainant is the appellant herein. The complaint was preferred under Section 200 Cr.P.C for an offence under Section 138 of Negotiable Instruments Act against the accused.

2. The facts in brief in the complaint is that A1 has given a cheque for Rs.18,01,063 dated 3. 1997 for the existing debt due to the complainant company which on representation to the bank was bounced on the ground that there was insufficient fund in the account of the drawer.

3. After recording the sworn statement, the complaint was taken on file by the learned Judicial Magistrate and summons were issued to the accused. On receipt of the summons, the accused appeared before the Court and copies were furnished to the accused under Section 207 Cr.P.C. And when the offence charged against the accused was explained to him and when questioned the accused pleaded not guilty.

4. on the side of the complainant two witnesses were examined and Exs P1 to P11 were marked. When incriminating circumstances were put to the accused under Section 31