R. Mala, J.

1. This Criminal Appeal arises out of the judgment of acquittal dated 29.11.2007 made in C.C.No.127 of 2006 on the file of the learned Judicial Magistrate No. I, Udumalpet.

2. The appellant as a complainant preferred a private complaint under Section 138 of Negotiable Instruments Act (hereinafter called as “the Act”) stating that the respondent/accused has borrowed a sum of Rs.1,75,000/- on 15.10.2004 and executed a promissory note. When the appellant demanded the money, the respondent paid the interest and issued Ex.P1 cheque dated 06.02.2006 for the principal amount. When the appellant presented the cheque for encashment, it was returned as "account closed" as per return memo Ex.P2. So the appellant issued Ex.P3 statutory notice to the respondent on 08.02.2006 and the acknowledgment card was marked as Ex.P4. The respondent after receiving notice, neither she sent any reply nor repaid the amount. Therefore, the appellant/complainant was constrained to file a private complaint against the respondent/accused under Section 138 of the Act.

3. The trial Court has taken cognizance of an offence, after following the procedure and recording sworn statement. Since the acc