JUDGMENT

The appellant was the complainant in S.T.No.207 of 2013 on the files of the Judicial First Class Magistrate Court-II, North Paravur. He is aggrieved by the judgment of acquittal dated 16.10.2014 in a proceeding under Section 138 of the Negotiable Instruments Act , 1881 (for short, 'NI Act'). The parties are referred to in this judgement, as they were in the trial court.

2. The complainant alleged that the accused had borrowed an amount of Rs.20,00,000/- from him and issued a cheque dated 04.11.2007 bearing No.000144 drawn on the Union Bank of India, Thottilpalam Branch for the amount borrowed, which, when presented for encashment, returned dishonoured on 11.04.2008, with the memo ‘insufficiency of funds’. Though a statutory notice was issued, it was returned unclaimed stating that the addressee had ‘left India’ and thereafter since no payment was made, the complaint was instituted.

3. In order to prove the complainant's case, he examined PW1 to PW4 and marked Ext.P1 to P6. The defence examined DW1 and DW2 and marked Ext.D1 to Ext.D3. On a detailed consideration of the evidence adduced in the case, the trial court came to the conclusion that the accused was not guilty of the