This appeal is filed against the judgment in C.C No.177 of 1998 on the file of the Judicial First Class Magistrate Court, Mattannur challenging the acquittal of the accused of the offence under Section 138 of the Negotiable Instruments Act (in short 'N.I Act') under Section 255(1) of the Cr.P.C.

2. The appellant is the complainant. The case of the complainant is that the accused borrowed Rs.70,000/- in the month of November, 1997 and in discharge of the said debt, he issued a cheque dated 16-12- 1997 and subsequently when the complainant presented the cheque for collection, the same was dishonouored due to insufficiency of funds in the account of the accused and in spite of issuance of statutory notice, the accused failed to pay the cheque amount.

3. Heard Sri.Jose Antony, the learned counsel for the appellant, Sri.Cibi Thomas, the learned counsel for the first respondent and Sri.Vipin Narayan, the learned Senior Public Prosecutor for the second respondent State of Kerala and perused the records.

4. In the trial court, the complainant was examined as PW1 and Exts.P1 to P6 were marked and from the side of the accused Exts.D1 to D3 were marked.

5. After considering the evidenc