B.M. Thulasidas, J.

This appeal is by the complainant is S.T. No. 67 of 1990 of the Judicial First Class Magistrate, Neyyattinkara, who was the respondent in Crl. A.No. 6 of 1992 of the 1st Additional Sessions Court,

Trivandrum, filed by the respondent herein against his conviction and sentence for offence under S.138 of the Negotiable Instruments Act, which were set aside and he was acquitted. The appellant obtained Ext. P1 cheque dt. 22.10.1989 for Rs. 26,600/- from him towards payment of the amount he advanced, that was dishonoured by the Catholic Syrian Bank, Neyyattinkara Branch on 31.10.1989, with the endorsement "refer to drawer". Thereupon information was given to him, at whose request the cheque was re-presented on 15.11.1989 and it was again dishonoured as per Ext. P2 memorandum dt. 24.11.1989 that was received along with the cheque on 4.12.1989. On the very next day, a notice was issued to him demanding payment of the amounts, that he did not accept and it was returned on 7.12.1989 as "not claimed". He waited for some time for him to make the payment, that he did not and therefore the complaint was filed.

2. At the trial the respondent denied the execution of th