This Criminal appeal is filed by the appellant/complainant against the judgment dated 9.11.2005 passed by the Learned VII Metropolitan Magistrate Court in C.C.No.5106 of 1999, wherein the learned trial judge acquitted the respondent/accused on the complaint made under section 138 r/w 142 of the Negotiable Instruments Act, 1883.

2. The brief case for the appellant :

One Radhakrishnan joined in the chit fund conducted by the appellant and he taken chit amount of Rs.1,00,000/- and for reimbursing the same, the respondent/accused as a guarantor issued the cheque for Rs.45,300/- dated 22.4.1999 bearing No.992875 drawn on Indian Bank Purasaivakkam Branch. When the cheque was presented in the Nedungadi Bank George Town Branch for collection, by the appellant/complainant, the cheque was returned on 11.5.1999 with an endorsement of “Insufficient funds”. Hence the appellant/complainant issued statutory notice on 19.5.1999 to the respondent/accused and the same was received by him on 19.5.1999. Since there is no reply nor repayment of the cheque amount, the appellant filed this case under section 138 of Negotiable Instrument Act.

3. Before the trial Court the appellant/complainant exam