JUDGMENT

The appeal on hand is originated from a judgment passed by Judicial First Class Magistrate Court, Pala (for short ‘the trial court’) in S.T.No.774/2016, which is a prosecution launched by the appellant under Section 138 of the Negotiable Instruments Act , 1881 (for short ‘the NI Act’). By the judgment referred to, the trial court found the accused not guilty of the offence punishable under NI Act and acquitted him under Section 255 (1) of the Code of Criminal Procedure , 1973 (for short ‘Cr.P.C’). He was set at liberty after cancelling the bail bond executed by him.

2. The facts of the case in brief are narrated hereunder:

The complainant is the son-in-law of the accused. The accused borrowed a sum of `30,00,000/- from the complainant for meeting the travelling expenses of his son.

Towards the discharge of the said liability, the accused had drawn a cheque on Federal Bank Ltd., Aruvithura Branch for that amount and issued to the complainant on 07.08.2011. The borrowal of the amount as well as the issuance of the cheque were taken place at the residence of the complainant. The cheque was presented by the complainant for collection through State Bank of India, Pala Branch, but