This criminal appeal has been filed by the appellant/complainant against the judgment of acquittal passed by the Judicial Magistrate No.1, Gobichettipalayam.

2. The case of the appellant/complainant is that the respondent/accused borrowed a sum of Rs.1,50,000/- from the complainant on 18.02.2002 and to discharge the same, the accused issued a post dated cheque bearing No.773379 for a sum of Rs.1,50,000/- dated 18.03.2002. When the complainant had presented the said cheque for collection on 18.07.2002 before the Indian Overseas Bank, Modachur Branch, Gobi, the cheque got bounced and returned to the complainant on 22.07.2002 with an endorsement Stop Payment, since he had no sufficient amount in his account to pay the cheque amount. Therefore, the complainant issued a registered lawyer's notice on 05.08.2002 to the accused, however, the accused did not claim notice and the notice was returned to the complainant on 12.08.2002 and therefore, the complainant filed a complaint before the Jurisdictional Magistrate for the offence under Section 138 of Negotiable Instrument Act. The learned Judicial MagistrateNo.1, Gobichettipalayam found primafacie case as against the accused, has