1. This Criminal Appeal is preferred by the appellant against the order passed by the learned Principal District Munsiff, Thiruvannamalai in C.C.No.208 of 2006 dated 08.04.2008, wherein the learned trial Court acquitted the respondent/accused under section 138 of the Negotiable Instruments Act.

2. Brief case of the appellant:

The appellant/complainant running an agency namely “Sri Kasthuri Agency” and dealing with consumer durables. The respondent/accused purchased goods on cash and credit basis from the appellant/complainant. On 8.3.2005 the respondent/accused bought Rs.30,000/- as hand loan from the appellant/complainant and assured to repay within a month and issued cheque bearing No.643831 dated 4.5.2005 for Rs.30,000/- drawn on Catholic Syrian Bank. Thirupattur Branch. The appellant/complainant presented the above said cheque through his Banker, Tamilnadu Mercantile Bank, Thiruvannamalai Branch for realization on 4.5.2005 and the same was returned with an endorsement “Insufficient funds” on 6.5.2005. The appellant/complainant issued a statutory notice dated 12.5.2005 and the same was not received by the respondent/accused and failed to pay the above said cheque amount