JUDGMENT

T his appeal is at the instance of the complainant in ST.No. 336 of 2005, on the file of Judicial First Class Magistrate Court-VII, Thiruvananthapuram, challenging acquittal of the accused, in a complaint filed by him under Section 138 of the Negotiable Instruments Act (for short, ‘the NI Act’) vide judgment dated 20/7/2007.

2. The case of the complainant is that, the accused borrowed Rs.8 lakh from him, and towards discharge of that debt, she issued Ext.P1 cheque dated 25/8/2002, assuring that it would be honoured on presentation before the bank. But the cheque was dishonoured for the reason ‘insufficient funds’. The complainant sent registered lawyer notice to the accused intimating dishonour of the cheque, and demanding the cheque amount. Inspite of receipt of notice, the accused did not return the amount, and hence the complainant.

3. On taking cognizance and on appearance of the accused before the trial court, particulars of offence was read over and explained to which she pleaded not guilty and claimed to be tried.

4. PW1 was examined, and Exts.P1 to P5 were marked from the side of the complainant.

5. On closure of complainant’s evidence, accused was questioned under Se