JUDGMENT :

U. Durga Prasad Rao, J.

1. This criminal appeal is filed by the complainant aggrieved by the judgment dated 7.8.2006 in C.C. No. 2070 of 2003 passed by the learned II Metropolitan Magistrate, Cyberabad, Ranga Reddy District, dismissing the complaint filed by the complainant under Section 138 of N.I. Act.

2. This appeal is filed in the background of the following factual matrix:

(a) The complainant's case is that the father of the complainant has been working as a Clerk in Andhra Bank Employees Co-operative Bank Limited and accused also works in the same bank and due to that acquaintance, the accused requested for advancing a sum of Rs. 1,30,000/- on 28.2.2001 and the complainant advanced said amount, for which the accused executed two promissory notes i.e., one for Rs. 90,000/- and another for Rs. 40,000/- and on persuasion of the complainant, the accused issued a cheque for Rs. 50,000/- on 1.7.2003, drawn on ABE Co-operative Bank, Rajahmundry, towards part payment of the loan amount. When the complainant deposited the cheque in his bank, the same was returned with the endorsement 'funds insufficient'. The complainant issued a legal notice to accused, but he intentionally a