JUDGMENT

This appeal with leave is filed by the complainant in C.C.305/98 on the file of the Judicial First Class Magistrate's Court, Payyannur assailing the acquittal of the first respondent of offence punishable under Section 138 of the N.I. Act vide Section 255(1) of the Cr.P.C.

2. The appellant filed complaint in the court below alleging that the first respondent borrowed from him an amount of Rs.25,000/- on 05/03/98 on condition that it would be repaid on 18/03/98; that on 18/03/98 the first respondent issued Ext.P1 cheque drawn at the Karivellur branch of the Syndicate Bank for an amount of Rs.25,000/- in discharge of the said debt; that on presentation of the cheque for encashment at the drawee bank on 19/03/98, it was returned dishonoured vide Ext.P2 memorandum for reason of “insufficiency of funds” in the account of the first respondent; that consequently, on 27/03/98 the original of Ext.P3 notice was caused to be issued through lawyer to the first respondent intimating him of the dishonour of the cheque and demanding payment of the amounts covered by the cheque; that the said notice was received by the first respondent under Ext.P3(b) acknowledgment card, but he has not ca