J U D G M E N T

In this appeal, the complainant before the trial court is challenging the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I Act’ for short) as per the impugned judgment.

2. As per the complaint, in discharge of a debt due, the accused issued cheque dated 3.10.2007 for Rs.30,000/- to the complainant and when the cheque was presented for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of issuance of statutory notice, the accused failed to pay the cheque amount to the complainant.

3. From the side of the complainant, PWs 1 and 2 were examined and Exhibits P1 to P5 were marked and from the side of the accused, Exhibits D1 to D3 were marked.

4. After considering the oral and documentary evidence on record and hearing both sides, the trial court found that the complainant has not succeeded in proving the offence under Section 138 of the N.I Act against the accused and hence, the accused was acquitted.

5. Heard Sri. Harishankar K.V., the learned counsel for the appellant, Sri. Chethan Krishna R, the learned counsel representing the learned counsel for the first respondent/ac