This appeal was filed by the complainant in C.C. No.226 of

2007 challenging the order of acquittal of the accused in a

prosecution initiated under Section 138 of the Negotiable

Instruments Act (for short 'the Act') before the Judicial

Magistrate of First Class-III, Kottarakkara.

2. During the pendency of this appeal, the original

complainant expired and later her legal heirs were brought on

record and they are presently prosecuting this appeal.

3. The complainant's case in the court below was that on

9.10.2004, accused came to her house and borrowed an amount

of Rs.60,000/- and simultaneously issued Ext.P1 cheque post

dated to 29.12.2005 drawn for Rs.60,000/- in the name of the

complainant. When the cheque was later presented before the

drawee bank, it was dishonoured on the ground of insufficiency

of funds. On demand with the accused for discharge of the

liability, he did not respond despite the fact that notice in writing

was received. Thereupon a complaint was lodged by the original

complainant invoking Section 138 of the Act.

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4. The accused pleaded not guilty when the substance of

the complaint was explained to him. The prosecution thereafter

ex