This appeal is filed against the order of acquittal passed in C.C.No.284 of 1999 dated 29.04.2003 on the file of the learned Judicial Magistrate No. I, Dharmapuri under section 138 of the Negotiable Instruments Act.

2. The brief case of the appellant :

The Respondent/accused received a sum of Rs.43,76,000/- towards Government Transport Business from the appellant/complainant. After so many requests and demands, the respondent/accused issued the cheque for Rs.43,76,000/- bearing No. 106066 dated 17.5.1999 drawn on Indian Bank Dharmapuri Branch dated 26.5.1999. The cheque was presented in the above said Branch for collection by the appellant/complainant and the same was returned with an endorsement of “Insufficient funds”. Hence the appellant/complainant issued a lawyer notice on 29.5.1999 to the respondent and the notice was served. Therefore the appellant/complainant filed this case under section 138 of Negotiable Instrument Act.

3. Before the learned Trial Court the appellant examined her husband as PW1 and Branch Manager of the Bank as PW2 and Exhibits P1 to P4 were marked. No evidence was adduced on the side of the respondent / accused.

4. On careful perusal of records, Ex