1. The unsuccessful private complainant is the appellant herein. He has filed this Criminal Appeal against the judgment passed by the learned Judicial Magistrate, Valliyoor in C.C.No.71 of 2003, dated 08.12.2008, wherein the accused was ordered for acquittal.

2. The case of the private complainant before the learned Judicial Magistrate, Valliyoor is that on 01.04.2002, the accused came to the house of the private complainant and requested him to give a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) and the complainant has given the same. Since the accused is the friend of the complainant, he has not insisted him to execute any document and the accused has also given assurance that he would return the amount within one month, but the accused has not discharged his liability as agreed by him. On 02.05.2002, the complainant has gone to the house of the accused and the accused has given a cheque bearing No.797792, dated 03.05.2002, payable at Valliyoor, Tranvancore State Bank Branch. When the cheque has been presented for collection, the same was returned on 13.05.2002 with an endorsement “Account Closed”. Therefore, the complainant has given a statutory notice on 23.05.2002 to t