JUDGMENT

Appellant was the complainant in S.T.No.462/2011 on the files of the Judicial First Class Magistrate Court, Pattambi. The proceedings arose under Section 138 of the Negotiable Instruments Act, 1881 [for brevity, the Act]. Parties are referred to as they were in the trial court, with the appellant being referred to as the complainant and the first respondent as the accused.

2. By the impugned judgment dated 18.03.2015, the learned Magistrate acquitted the accused after concluding that there was no evidence to show the execution of cheque by the accused.

3. According to the complainant, he had business transactions with Sri.Nisar at Bahrain, who was the brother-in-law of the accused. Pursuant to a liability of Rs.60,00,000/- due from Sri.Nisar, the accused undertook to clear the liability and issued two cheques, bearing Nos.192781 and 192782 drawn on State Bank of India, Thalassery Branch, both dated 15.08.2010 for an amount of Rs.30,00,000/- each. When the cheques were presented for encashment, they were dishonoured on 09.02.2011 with a memo stating ‘insufficient funds’. Subsequent to the statutory notice issued by the complainant, which was responded to through a reply no