1. This memorandum of Criminal Appeal under Section 378 of Cr.P.C. is directed against the judgment dated 17.06.2009 and made in S.T.C. No.149 of 2006, on the file of the learned Chief Judicial Magistrate, Kanyakumari District at Nagercoil, acquitting the accused on the ground that the offence under Section 138 of the Negotiable Instruments Act, 1881, has not been proved against him. Being aggrieved by the impugned judgment, the appellant who is the complainant therein has approached this Court by way of this memorandum of criminal appeal.

2. For easy reference, the appellant herein may hereinafter be referred to as complainant and the respondent herein may hereinafter be referred to as the accused.

3. The related facts and circumstances which giving rise to the memorandum of criminal appeal may be summarised briefly as follows:-

3.1. That in the month of May 2004, the accused had borrowed a sum of Rs.2,50,000/-from the complainant. When the amount was demanded to be repaid, the accused had issued a cheque (Ex.P1) bearing No.1865037, dated 30.10.2004 for the value of Rs.2,50,000/- drawn on The South India Bank Ltd., Plamoottukada Branch in favour of the complainant. Wh