G. RADHAKRISHNA RAO, J.

( 1 ) THE Criminal Revision Case is filed by the petitioner-de facto-complainant challenging the judgment of the II Metropolitan Magistrate, Visakhapatnam, dt. 3/05/1991, passed in C. C. No. 353 of 1990, on his file, acquitting respondent No. 1 herein (accused) of the offence under section 138 of the Negotiable Instruments Act.

( 2 ) THE gravamen of the charge against the accused is that the accused gave two cheques dt. 25-6-1989 and 20-7-1989 for Rs. 3,600. 00 and Rs. 9,500. 00 respectively, drawn on Vysya Bank Limited Visakhapatnam, in favour of the petitioner herein in connection with the credit transactions between them, that the petitioner presented both the cheques in Karnataka Bank on 19-7-1989 and 20-7-1989 respectively and the Manager of Karnataka Bank, in turn, sent the cheques to Vysya Bank Limited for collection, that the Vysya Bank Limited returned those two cheques to the Karnataka Bank on 20-7-1989 and 21-7-1989 respectively with an endorsement "exceeds arrangements as there is no cash balance in the account of the accused", that the petitioner thereupon gave a statutory notice to the accused, who, having received it on 4-8-1989, did not pay th

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