J U D G M E N T

This is an appeal under Section 378(4) Cr.P.C. filed by the complainant against the judgment dated 30/07/2013 in C.C.No.341/2010 on the file of the Judicial First Class Magistrate Court, Pattambi 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 complainant, the accused in discharge of an amount of ₹50,000/- issued Ext.P1 cheque dated 17/04/2010 drawn on her account maintained with the Palakkad District Co-operative Bank, Koottanad branch. When the complainant presented the cheque for collection, it was dishonoured due to insufficient funds in the account of the accused as per Ext.P2 memo dated 17/04/2010. Thereafter, the complainant caused to issue Ext.P3 notice dated 24/04/2010 calling upon the accused to clear the cheque amount. Notice was received by the accused, which is evidenced by Ext.P5 acknowledgment card. Instead of clearing the cheque amount, she has sent Ext.P6 reply notice dated 14/05/2010 raising untenable contentions. Hence, the complaint.

3. The trial court on the basis of the sworn statement of the complainant, took cognizance of