The order of acquittal dated 04-11-2006, passed in C.C.No.261 of 2005 by the Judicial Magistrate, Perambalur is being challenged in the present criminal appeal.

2. The appellant herein, as complainant, has filed the complaint in question, under Section 138 read with 142 of the Negotiable Instruments Act, 1881, wherein the present respondent has been shown as sole accused.

3. The material averments made in the complaint are that the complainant is the Managing Trustee of Indian Educational Trust. The accused has been doing real estate business. In the course of his business, the accused is liable to pay a sum of Rs.2,75,000/-(Rupees Two lakhs seventy five thousand only). For discharging the said amount the accused has given the cheque in question, and its number is 981673. The same has been presented in the concerned bank and the concerned bank has returned the same stating 'funds insufficient'. In spite of assurance given by the accused to the complainant, he failed to make sufficient arrangement of funds in his account. The complainant has issued a legal notice to the accused, and received by him on 03-10-2004. Evenafter receipt of said notice, he failed to discharge his l