JUDGMENT

The complainant in S.T.57 of 2007 on the file of the Judicial First Class Magistrate's Court-II, Karunagapally is the appellant. She assails in this appeal, the acquittal of the first respondent by the Magistrate of offence under Section 138 of the N.I. Act vide Section

255(1) of the Cr.P.C.

2. The appellant filed complaint before the Judicial First Class Magistrate Karunagapally alleging inter alia that in discharge of liability towards her, the respondent issued Ext.P1 cheque for Rs.25,000/- drawn on her account at the Karunagapally branch of the Federal Bank; that on presentation of the cheque for encashment, it was returned dishonoured by the drawee bank assigning the reason “funds insufficient”; that consequent thereon the original of Ext.P3 notice was caused to be issued to the first respondent through lawyer intimating her of the dishonour of Ext.P1 cheque and demanding payment of the amount covered by the said cheque; that the said notice was refused to be accepted by the first respondent and has been returned to the appellant and that is Ext.P5; and that despite causing return of Ext.P5 notice, the first respondent has not paid up the amounts covered by the cheque