JUDGMENT

This is an appeal under Section 378(4) Cr.P.C . filed by the complainant aggrieved by the judgment dated 10/03/2010 in C.C. No.197/2007 on the file of the Chief Judicial Magistrate Court, Manjeri, 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. According to the appellant/complainant, on 10/03/2007, the respondent/accused borrowed an amount of ₹ 7,00,000/- from the appellant/complainant at Manjeri, agreeing to repay the same within a period of one month from the date of the borrowal. However, the respondent/accused failed to repay the amount within the agreed time. After repeated demands made by the appellant/complainant, the respondent/accused on 18/04/2007 issued Ext.P1 cheque at Manjeri, which was drawn on the Service Co-operative Bank Ltd., Ottappalam. When the cheque was presented before the Indian Overseas Bank, Manjeri Branch, the same was dishonoured due to insufficient funds in the account of the respondent/accused as per Exts.P2 and P3 memos dated 21/04/2007 and 03/05/2007 respectively. Pursuant to the same, the appellant/complainant caused to issue Ext.P4 l