1. The criminal appeal arises out of the judgment of acquittal dated 30.07.2004, made in C.C.No.250 of 2003 on the file of the Judicial Magistrate's Court, Rasipuram, Namakkal District.

2. The appellant as a complainant preferred a private complaint under Sections 138 and 142 of Negotiable Instruments Act, stating that on 31.01.2002, the respondent/accused borrowed a sum of Rs.2,75,000/-from the appellant/complainant for his business purpose and agreed to repay the same with interest at rate of 12% per annum and also paid one year interest in advance and issued a post-dated cheque bearing No.591852, dated 31.01.2003 for Rs.2,75,000/-. When Ex.P1 cheque was presented into the Salem Central Co-operative Bank for encashment on 31.01.2003, it has been returned as 'insufficient funds' on 04.02.2003 and the return memos were marked as Exs.P2 and P3. Hence, the appellant issued a statutory notice Ex.P4 under Section 138(b) of Negotiable Instruments Act on 18.02.2003. The postal receipt was marked as Ex.P5. The respondent received the same under Ex.P6 acknowledgment card and sent a reply under Ex.P7. But the respondent/accused did not repay the amount. The respondent knowing ful