J U D G M E N T

The appellant is the complainant in C.C.No.287/1991 on the file of the Court of Chief Judicial Magistrate, Kottayam, wherein the 1st respondent herein has been indicted for offence punishable under Sec.138 of the Negotiable Instruments Act. Ext.P-1 dishonoured cheque dated 30.10.1990 is for Rs.50,000/-. The trial court as per the judgment rendered on 25.8.2003 has convicted the 1st respondent-accused for the above said offence and has sentenced him to undergo simple imprisonment for 3 months and to pay fine of Rs.50,500/- and in default thereof, to undergo simple imprisonment for one month. On realisation of the above said fine amount of Rs.50,500/-, it is ordered that an amount of Rs.50,000/- shall be paid to the complainant as compensation in terms of Sec.357(1)(b) of the Cr.P.C. Aggrieved by the said conviction and sentence, the accused had preferred Crl.A.No.450/2003 before the appellate Sessions Court, Kottayam. The appellate court concerned (Court of Additional Sessions Judge, Kottayam), as per the impugned judgment rendered on 18.6.2004 has allowed the said Criminal Appeal filed by the accused and has set aside the conviction and sentence imposed on him as per