This Criminal Appeal is directed against the judgment rendered by the learned Judicial Magistrate No.V, Salem in C.C.No.13 of 2008 dated 10.07.2009, wherein, the learned Magistrate acquitted the respondent for the offence under Section 138 of the Negotiable Instruments Act, against which, the appellant being the complainant in the said case has preferred this appeal to set aside the same as erroneous one.

2. The case of the appellant/complainant in nutshell, is as follows:

2.1. Admittedly, the respondent/accused is the brother-in-law of the appellant/complainant. On 03.09.2007, the respondent had borrowed a sum of Rs.5 lakhs from the complainant. In order to discharge the said loan, he issued a cheque dated 03.10.2007 drawn on Federal Bank Limited, Thiruppur, in favour of the appellant. On the same day, the appellant presented the cheque for collection through Canara Bank, Ammapettai, but the same was returned unpaid as account closed . Thereafter, on 31.10.2007, the appellant issued a statutory notice, in which, he demanded the respondent to pay the cheque amount within 15 days. Despite of receiving the said notice, the accused neither paid the cheque amount nor sent any