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 Negotiation Instruments Act (for short 'N.I.Act').

2. As per the complaint, the accused borrowed Rs.15,000 from the complainant on 03-08-2004 for his personal needs and subsequently, when the complainant demanded back the amount, the accused issued cheque dated 11-09-2004 of Kulathupuzha Service Co-operative Bank Limited to the complainant. 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, PWs1 and 2 were examined and Exhibits P1 to P10 were marked. From the side of the accused, DW1 was examined and Exhibits D1 to D3 were marked.

4. After considering the oral and documentary evidence on record and hearing both sides, the trial court found that the accused has succeeded in rebutting the statutory presumptions and that the complainant has not succeeded in proving the offence under Section 138 of the N.I Act against t