JUDGMENT

Appeal is with leave filed against the acquittal of the accused.

2. The appellant was the complainant in C.C.No.

1003/98 on the file of the Chief Judicial Magistrate's Court, Thiruvananthapuram. He filed the said complainant complaining of commission by the first respondent of an offence punishable under Section 138 of the Negotiable Instruments Act . The complaint is that the first respondent borrowed an amount of Rs.3,45,000/- from her and in discharge of that debt, he issued Exhibit P1 cheque dated 18.12.1997 for Rs.3,45,000/-, drawn on the State Bank of Travancore, Jagathy Branch, Thiruvananthapuram at her residence at Jagathy and on presentation of the said cheque for encashment, it was dishonoured by the drawee Bank under Exhibit P2 memorandum assigning the reason “funds insufficient”; that thereupon, the original of Exhibit P3 notice was CRA 113/01 2 caused to be issued through Lawyer intimating him of dishonour of the cheque and demanding payment of the amounts covered by the cheque; that the said notice was accepted by the first respondent under Exhibit P3(b) postal acknowledgment card, but that he caused Exhibit P4 reply notice to be issued through Lawyer, setting