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 issued two cheques dated 18-09-2008 and 18-08-2008 for Rs.5,00,000/- each in discharge of a debt due to the complainant. When the complainant presented the cheques 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, PWs1 and 2 were examined and Exhibits P1 to P7 were marked and from the side of the accused, Exts.1 to D5 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.Praveen.K.S, the learned counsel representing the learned counsel for the appellant on record, Sri. Sunil Nair Palakkad, the learned counsel for the accused/first