J U D G M E N T

This appeal is at the instance of the complainant in CC No.653 of 2002 on the file of Judicial Magistrate of First Class-I, Cherthala, challenging acquittal of the accused, in a complaint filed by him under Section 138 of the Negotiable Instruments Act (N.I.Act for short), as per judgment dated 31/1/2006.

2. The complainant-N.M.Minerals India Private Ltd is a Private Limited Company registered under the Indian Companies Act, represented by its power of attorney holder.

3. The case of the appellant/complainant is that, towards the price of mineral water purchased by the accused from that company, he owed a sum of Rs.34,940/-, and towards discharge of that liability, he issued Ext.P1 cheque dated 23/8/2001 drawn on District Co-operative Bank, Kunnukuzhy Branch, Thiruvananthapuram. When that cheque was sent for collection through his bank i.e. Dhanlaxmi Bank, Cherthala Branch on 2