1. This Criminal Appeal arises out of the judgment of acquittal dated 08.09.2010 in C.C.No.6789 of 2002 on the file of the learned VIII Metropolitan Magistrate, George Town, Chennai.

2. The appellant herein as a complainant preferred a private complaint stating that the respondent/accused had borrowed loan from the complainant and to discharge the said liability, he had given Ex.P1 cheque dated 18.08.2002 for Rs.60,000/-. When the appellant presented the cheque for encashment on 04.09.2002, it was returned as “insufficient funds” on 05.09.2002 vide Ex.P2 return memo. Even though the appellant issued Ex.P3 statutory notice to the respondent to her correct address under Section 138(b) of the Negotiable Instruments Act (hereinafter called as “the Act”), the same was returned undelivered on 30.09.2002 with an endorsement “party out of station not claimed” as per Ex.P4. Therefore, the appellant preferred 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 accused pleaded not guilty, the trial Court examined P.W.1 and marked Exs