1 Accused in S. T. No. 3326/97 on the file of Judicial First Class Magistrate, Kodungallur is challenging his conviction and sentence for the offence under S.138 of N.I. Act as confirmed by the third Additional Sessions Judge, Thrissur in Crl. A. No. 364/01. First respondent was the complainant before court below. Case of first respondent in the complaint was that towards amount due, petitioner issued Ext. P1 cheque drawn in his account maintained in Eriyad Branch of South Indian Bank Limited and when cheque was presented for encashment under Ext. P2 it was dishonoured for want of funds and petitioner intimated dishonour and demanded amount covered by the cheque under original of Ext. P3 notice received by petitioner under Ext. P5 acknowledgment card and instead of paying the amount he sent Ext. P8 reply disputing liability and thereby he committed offence under S.138 of N.I. Act. Petitioner pleaded not guilty before the court below, First respondent/complainant examined himself as PW 1 and marked Exts. P1 to P8. Petitioner was examined as DW1 and Ext. D1 was marked. Learned Magistrate on the evidence found the petitioner guilty and convicted and sentenced him to simple imprisonmen