1. The criminal appeal arises out of the judgment of acquittal dated 26.02.2010 made in C.A.No.160 of 2009 on the file of the Additional District and Sessions Court, Fast Track Court No.I, Coimbatore, setting aside the judgment of conviction and sentence dated 06.11.2009 made in C.C.No.91 of 2006 on the file of the Judicial Magistrate No.I, Udumalpet, Coimbatore District (Presently Tirupur District).

2. The appellant/complainant has preferred a private complaint against the respondent/accused for the offence under Section 138 of Negotiable Instruments Act stating that on 21.11.2005, the first respondent/accused obtained a loan amount of Rs.6,50,000/- from the appellant/complainant, for which, the respondent had issued Ex.P1/cheque dated 26.12.2005 drawn in Tamil Nadu Mercantile Bank Limited, Udumalpet Branch. When the appellant has presented the cheque for encashment, the same was returned as 'insufficient funds' on 27.12.2005 and the return memo was marked as Ex.P2. So the appellant issued a Statutory Notice under Ex.P3 and the same was returned with a postal endorsement as 'Not claimed returned to sender', as per return cover/Ex.P4. Hence, the appellant/complainant pre