J U D G M E N T

This is an appeal preferred against the order of acquittal passed in S.T.1481/99 of the Judicial first class Magistrate No.II, Thrissur, which was a case filed under section 138 of Negotiable Instruments Act . It is the case of the complainant that the accused had borrowed a sum of Rs. 1,50,000/- and towards the discharge of the liability had issued the cheque which when presented for enchashment returned with the endorsement of insufficiency of funds'. The notice was issued which was returned and the amount was not paid and so the prosecution launched. The trial court held that the statutory notice is not in compliance with the statutory requirements and therefore acquitted the accused on that ground. The court below observed that when an intimation is received to the bank through which the cheque had been presented for encashment it becomes the agent of the person who had persented cheque and that the said date will be relevant for the purpose of the section. I am to state at the outset that it is a totally misconceived notion of the learned Magistrate and against the statutory mandate contained in the section. Section 138 (b) of the states that a notice has to