J U D G M E N T

This appeal by the complainant is against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I Act’ for short).

2. As per the complaint, the accused borrowed Rs.75,000/- from the complainant on 20.09.2008 for business purpose and subsequently when the complainant demanded the amount, cheque dated 20.02.2009 was issued to the complainant for Rs.75,000/- and thereafter, when the complainant presented the cheque 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. Before the trial court, from the side of the complainant, PW1 examined and Exhibits P1 to P4 were marked and no evidence adduced from the side of the accused.

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. P. K. Mohanan (Palakkad), the learned counsel for the appellant, Smt. Vijina K.,