1. The Criminal Appeal arises out of the judgment of acquittal, dated 05.05.2003, made in C.C.No.515 of 2001 on the file of the Judicial Magistrate's Court No.III, Salem.

2. The appellant herein as a complainant filed a complaint against the respondent/accused for the offence under Section 138 of Negotiable Instruments Act, stating that the respondent herein as a Proprietor of the Concern viz., M/S. Chitra Silk Trading Company, Shevvapet, Salem and he had business transaction with the complainant for the past 10 years. Since the outstanding due was to the tune of Rs.31,68,007/-, the complainant made a request to the respondent/accused to repay the dues. Hence, the respondent/accused issued three cheques, dated 26.05.2001 of Tamil Nadu Mercantile Bank Limited, Shevvapet, bearing cheque Nos.369424, 369425 and 369426 (i.e.) Ex.P1 series, which was presented for encashment in the Bank and that has been returned as per Ex.P2 return memo, dated 12.06.2001 and the xerox copy was marked as Ex.P6. Hence, the appellant/complainant issued Ex.P3 statutory notice dated 22.06.2001 and the same has been returned on 26.06.2001 as "left without instruction" under Ex.P4. P.W.2/Rajan/Assi