JUDGMENT

This is an appeal under Section 378(4) Cr.P.C . filed by the complainant against the judgment dated 15/10/2007 in Criminal Appeal No.633/2006 on the file of the Court of Session, Alappuzha, which reversed the judgment dated 15/11/2006 in C.C.No.658/2004 on the file of the Court of the Judicial First Class Magistrate-II, Cherthala and acquitting the accused under Section 255(1) Cr.P.C . of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the N.I. Act)

2. As per the complaint, the accused, an acquaintance, borrowed an amount of ₹75,000/- and in discharge of the same issued Ext.P1 cheque dated 08/06/2004 drawn on the Federal Bank Ltd., Aroor Branch, Alappuzha. When Ext.P1 cheque was presented by the complainant before his bank, namely, the Alappuhza District Co-operative Bank Ltd., Aroor Branch, the same was returned vide Ext.P2 memo dated 13/07/2004 due to insufficient funds in the account of the accused. The complainant caused to issue Ext.P6 lawyer notice dated 15/07/2004 calling upon the accused to clear the cheque amount. The notice was accepted by the accused on 17/07/2004. Instead of clearing the cheque amount, she has sent a reply rais