JUDGMENT

Dated this the 05th day of June, 2023 Appellant is the complainant in S.T.No.391 of

2009 of the Judicial First Class Magistrate Court-IV, Kollam. The complaint was filed, alleging commission of offence under Section 138 of the N.I.Act by the first respondent. In her complaint, the appellant alleged that the first respondent had borrowed Rs.1,50,000/- from her, promising to repay the money in two months. Later, the first respondent issued Ext.P1 cheque dated 20.09.2007, in discharge of the liability. The cheque, on presentation, was dishonoured for insufficiency of funds. Although statutory notice was issued to the first respondent, informing him about the dishonour and requiring him to pay the amount, neither was any reply sent nor the amount paid.

2. The trial court, on appreciation of evidence and consideration of the legal contentions, found the first respondent guilty and thereupon, convicted and sentenced him to undergo simple imprisonment for three months and directed to pay fine of Rs.1,50,000/-, with default sentence of 20 days. The fine, if remitted, was directed to be paid as compensation to the appellant under Section 357 Cr.P.C.

3. Aggrieved by the conviction a