This criminal appeal is preferred by the complainant against the judgment dated 20-02-2001 passed in C.C.No.702 of 1999 by the X Metropolitan Magistrate, Secunderabad, wherein the first respondentaccused was acquitted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act’).

2. The appellant is the complainant and the first respondent is the accused. For the purpose of convenience, the parties are hereinafter referred to as they were arrayed in the trial Court.

3. The case of the prosecution, in brief, is that the accused approached the complainant in the month of May, 1998 for a hand loan of Rs.1,20,000/- to meet his domestic needs. The complainant accordingly gave an amount of Rs.1,20,000/- to the accused and at that time the accused promised that he would repay the said amount within a period of six months, but he failed to do so. Despite the fact that the complainant requested and demanded for repayment of the loan amount, the accused was postponing the same on some pretext or the other and ultimately issued Ex.P1, cheque bearing No.615589 dated 05-08-1999, for the said amount. After consultation and with the consent of the