J U D G M E N T

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

2. As per the complaint, the accused availed hire purchase accommodation from the complainant company for purchasing a motorcycle and a sum of Rs.35,000/- was sanctioned and paid to the accused on him executing hire purchase agreement dated 29- 01-2002. It is stated that the accused committed default in payment of the installments due and thereupon the vehicle was seized and sold to another person. It is stated that after adjusting the sale price of the vehicle towards the installments due, the accused issued a cheque for Rs.12,384/- dated 14-11-2003 for the balance amount. 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 P8 were marked and no evidence was adduced from the side of the accused.

4. After consider