1. This Criminal Appeal arises out of the judgment of acquittal dated 14.03.2006 made in C.C.No.364 of 2002 on the file of the learned Judicial Magistrate No.I, Salem.

2. The appellant is the Managing Partner of a partnership firm. The respondent's wife borrowed money from the appellant for a sum of Rs.1,75,000/- by entering into Hire Purchase Agreement/Ex.P.1 to purchase a lorry bearing Registration No.TCS 6694. The respondent executed the said hire purchase agreement as guarantor. Since, the respondent's wife failed to repay the dues, the appellant filed a complaint on 14.07.2001 against her and FIR was registered at Kitchipalayam Police Station. During the enquiry, the respondent undertook to repay the dues and he issued two cheques, namely, Ex.P.2 dated 10.10.2001 for a sum of Rs.60,000/- and Ex.P.3 dated 15.10.2001 for a sum of Rs.75,000/- respectively in favour of the appellant towards discharge of the said admitted debt. When the said cheques were presented for encashment, it was returned as “insufficient funds” as per Ex.P.4 to E.P.7. So the appellant/complainant on 28.10.2001 issued Ex.P.8 statutory notice to the respondent under Section 138 of Negotiable Instrum