JUDGMENT

This appeal under Section 378(4) Cr.P.C., has been filed by the complainant aggrieved by the judgment dated 30/04/2016 in S.T.No.1505/2015 on the file of the Court of the Judicial First Class Magistrate, Chottanikkara by which the 2nd respondent/accused has been acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the N.I. Act). The parties in this appeal will be referred to as described in the private complaint filed before the trial court.

2. The allegations in the complaint are:- the complainant and accused are friends. The accused borrowed an amount of ₹18,00,000/- from the complainant on 07/09/2011 and in discharge of the same issued Ext.P1 cheque dated 27/04/2012 drawn on the Axis Bank Ltd., Kochi in favour of the complainant. On 27/04/2012 when Ext.P1 cheque was presented before the bank for collection, the same was dishonoured due to insufficient funds in the account of the accused. The complainant issued Ext.P3 lawyer notice dated 18/05/2012 to the accused demanding payment of the amount in Ext.P1 cheque. The accused received the notice on 19/05/2012, which is evident from Ext.P6 acknowledgment card. The accused instead of