( 1 ) THIS appeal is preferred against the judgment and order dated 3-8-1994 passed by the XI Metropolitan Magistrate at Secunderabad on his file in C. C. No. 409 of 1992. By the impugned order the accused No. 1 and 2 have been acquitted. The appellant M/s. Swastik Coaters Private Limited is the original complainant and M/s. Deepak Brothers is the accused No. 1 and M/s. Deepak thakkar, a partner of Accused No. 1 is accused No. 2. The complaint is filed under Section 138 of the Negotiable Instruments Act alleging that the accused have issued a cheque dated 20-12-1991 vide Ex. P-2 which has bounced back with the endorsement of the Bank exceeds arrangement. The complainant accordingly received the dishonoured cheque along with the cheque returned memo dated 29-4-1992 from the bankers on 13-5-1992. Thereafter a legal notice dated 15-5-1992 was issued to the accused calling upon him to make the payment of a sum of Rs. 2,64,000/- together with interest at the rate of 18%p. a. from the date of the cheque till the date of the payment within 15 days from the date of receipt of the legal notice and the said legal notice was received by the accused on 18-5-1992. Thereafter th