JUDGMENT

This appeal is at the instance of the complainant in STC.No. 4991 of 2005 on the file of Judicial First Class Magistrate Court-II, Kannur, challenging acquittal of the accused under Section 138 of the Negotiable Instruments Act (for short, ‘the NI Act’) vide judgment dated 23/12/2006.

2. The case of the complainant is that, on 21/8/2004 the accused approached her and borrowed an amount of Rs.2 lakh from her, and on the same day, she issued Ext.P1 cheque dated 26/10/2004, towards discharge of that debt. When the complainant presented the cheque before bank, it was returned dishonured for the reason ‘insufficient funds’. She sent registered lawyer notice to the accused. Though that notice was accepted by her, no reply was sent, and the amount was not returned. Hence the complaint.

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

4. Thereupon, PWs 1 and 2 were 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 Section 313 of Cr.P.C. She denied all th