1. This Criminal Appeal arises out of the judgment dated 21-02-2006 passed in CC.No. 69 of 2005 by the Special Judicial Magistrate of First Class (Excise) FAC Judicial Magistrate of First Class, Special Mobile Magistrate Court, West Godavari district.

2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the first respondent and the learned Additional Public Prosecutor representing the State.

3. The appellant filed a complaint against the first respondent under section 138 of the Negotiable Instruments Act alleging that the first respondent borrowed from him an amount of Rs.1,50,000-00 on 25-04-2001 for his family expenses and executed a promissory note in his favour agreeing to repay the same with interest @ 24% per annum. After some time, the matter was settled before the elders and in view of the compromise and in terms thereof the first respondent issued a cheque in favour of the appellant for an amount of Rs.1,50,000-00 on 10-08-2001 towards discharge of the liability and debt due under the promissory note as per the settlement arrived at, for which the parties agreed.

4. The appellant presented the cheque on 05-02-2003 for coll