JUDGMENT

This appeal has been filed by the complainant in C.C.No.146 of

2004 on the file of the Judicial First Class Magistrate Court – II, Nadapuram, challenging the judgment dated 31.12.2005 through which the first respondent/accused was acquitted by the court, in a prosecution under Section 138 of the Negotiable Instruments Act .

2. According to the appellant/complainant, the first respondent/accused had purchased gold ornaments from a jewellery shop owned by the complainant on a credit basis and in the discharge of that liability, the accused had issued a cheque dated 13.10.2003 for a sum of Rs.1,00,000/- drawn on the account maintained by the first respondent/accused in Kakkattil Co- operative Rural Bank (Aroor Branch). The cheque was returned unpaid for the reason that the drawer's signature differs from the specimen signature maintained by the Bank and also on account of the reason that funds were insufficient to pay the amount under the cheque. According to the appellant/complainant, after complying with all legal formalities contemplated by the Negotiable instruments Act, the subject complaint was filed alleging the commission of an offence under Section 138 of the Negoti