JUDGMENT

K.C. Bhanu, J.— The de facto complainant in C.C. No. 546/1998 on the file of XXIII Metropolitan Magistrate, Hyderabad, filed this appeal, aggrieved by the judgment, dated 10.11.1999, of acquittal of 1st respondent-accused.

2. The appellant filed a private complaint under Sections 138, 141 and 142 of the Negotiable Instruments Act (for short, ‘the Act’) alleging that he got acquaintance with the accused through Mr. Satish Kumar. The accused approached him for a loan of Rs. 1,00,000/- for his business needs with a promise to repay the amount on demand within six months. Accordingly, he paid Rs. 1 lakh on 12.1.1997 with interest at 18% per annum. The accused duly executed a promissory note and issued a cheque bearing No. 204675, dated 25.9.1997 drawn on State Bank of India, Yellareddyguda Branch, Hyderabad, for Rs. 1,00,000/-. When the appellant presented the cheque in the Bank, it was returned, unpaid with an endorsement “funds insufficient”. Therefore, he got issued a legal notice, dated 25.10.1997. Though the accused received it he did not pay the amount nor given any reply. Therefore the complainant flied the complaint. On behalf of the complainant, P.Ws 1 and 2 were ex