S. Nagamuthu, J.—This is an appeal against acquittal. The appellant is the complainant in C.C. No.125 of 2001 and the respondents are the accused. It was a case instituted on a private complaint alleging that the respondents had committed offence under Section 138 of the Negotiable Instruments Act. The learned Judicial Magistrate No.1, Udumalpet by judgment dated 19.11.2003, acquitted all the respondents. Challenging the said acquittal, the appellant is before this Court with this appeal.

2. The facts of the case in brief would be as follows:

The first respondent is a company, of which, the respondents 2 and 3 are the partners. The respondents 2 and 3 were earlier known to the appellant. On 24.7.2000, according to the complainant, the respondents 2 and 3 on behalf of the first respondent approached him and requested for a loan of Rs.3,00,000. They assured that they will return the amount within 10 days. The appellant accordingly, paid a sum of Rs. 3,00,000 on 1.8.2000 as loan to the respondents. While receiving the amount, in order to ensure repayment, a cheque for a sum of Rs.3,00,000 dated 11.8.2000 drawn on Karur Vysya Bank Ltd., Tiruppur Branch bearing No.298853 was i