J U D G M E N T

This appeal is at the instance of the complainant in CC No.523 of 2005 on the file of Judicial First Class Magistrate-II (Forest Offences), Punalur assailing the judgment in Crl.A No.46 of 2007 on the file of Additional Sessions Judge -III Kollam by which the conviction of the accused under Section 138 of NI Act by the trial court was reversed, and the accused was acquitted.

2. The case of the complainant was that, the accused borrowed Rs.75,000/- from her and issued a post dated cheque bearing date 7/7/2005 for Rs.75,000/- drawn on her treasury savings account. When the cheque was presented for collection, it was returned with the reason “Intact of credit” which according to the complainant means insufficiency of funds. Thereafter, she sent Ext.P4 lawyer notice dated 19/7/2005. In spite of receipt of that notice, the amount was not returned by the accused. Hence, she filed complaint against her under Section 138 of the NI Act.

3. On taking cognizance and on appearance of the accused before the trial court, particulars of offence