V. BHASKARA RAO, J.

( 1 ) THIS is an appeal against acquittal filed by the complainant in CC No. 100 of 1997 on the file of XVI Metropolitan Magistrate, Hyderabad, dated 23-3-1998. The parties will be referred to as complainant and accused.

( 2 ) THE complainant is a dealer in steel scrap for re-rolling, melting and M. S. Flats, angles, TOR Steel etc. He supplied the iron and steel items of various specifications as required by the accused and raised various bills. The accused paid a sum of Rs. 12,94,000. 00 as part-payment, the last payment of Rs. 3 lakhs being on 14-12-1996. The accused was due to the complainant a sum of Rs. 3,5i,875. 25 ps. as on 15-12-1996. He issued a cheque bearing No. 646517, dated 1-1-1997 for the said amount drawn on State Bank of Hyderabad, Kavadiguda Branch, Secunderabad. When it was presented in the bank it was returned dishonoured with an endorsement "insufficient funds". It was brought to the notice of the accused and at his request, the complainant represented the cheque once again in his bank on 3-1-1997, but it was returned once again with the same endorsement on 7-1-1997. Thereupon the complainant got a legal notice issued on 17-1-1997 which was r

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