S. R. K. PRASAD, J.

( 1 ) THIS criminal appeal is directed against the judgment in C. C. No. 858 of 1997 rendered by the XV Metropolitan Magistrate, hyderabad, in acquitting the accused for the offence under Section 138 read with sections 141 and 142 of Negotiable instruments Act, 1881 (for short the act ).

( 2 ) THE facts that arise for consideration can be briefly stated as follows: The accused issued a blank cheque without mentioning the date and the amount to the appellant herein and sent it along with a letter dated 7-8-1997 stating that it could be presented after one month for payment, if he failed and to pay the amount prior to 7-9-1997. He also requested fifteen days time on 22-8-1997. Thereafter, the cheque was presented after filling up the blanks found at the amount portion and the date and it was presented through ICICI Banking Corporation after putting the amount as Rs. 11,19,206. 00 and date as 22-9-1997. As can be seen from ex. P-8, it was dishonoured. Thereupon, ex. P-10 notice was issued on 3-10-1997. The accused received the said notice on 7-10-1997. Ex. P-12 is the postal acknowledgment. The appellant invoked the provisions of Sec. 138 of the Act by presenting

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