This appeal is directed against the order passed in ST No.5915/03 on the file of the Judicial Magistrate First Class Court No.I, Thrissur. The appellant-firm filed the complaint alleging that respondents 1 and 2 have committed an offence punishable under Section 138 of Negotiable Instruments Act, 1881. The case projected in the complaint was that the respondents 1 and 2 have issued a cheque in favour of the appellant-firm for an amount of Rs.1,69,070/- in discharge of a liability cast on the appellant/complainant. It is further stated that when the cheque was presented for encashment, the same was dishonoured on the ground of insufficiency of fund with the account of the account holder. On getting intimation from the Bank regarding the dishonour of the cheque, the appellant-complainant on complying with the statutory provisions of notice, etc., and on finding that the amount covered by the cheque was not paid by the respondents 1 and 2, filed the complaint. The trial Magistrate had taken cognizance of the complaint and issued summons to respondents 1 and 2. Subsequently the case was posted for evidence of the appellant on 9.8.04 and on that day the trial court acquitted the respondents 1 and 2 on the sole ground that the complainant was not present in court either in person or by
