JUDGMENT

This appeal is Hied un­der Section 378(4) of the Code of Criminal Procedure aggrieved by the judgment dated 18-8-1997 in C.C. No. 165 of 1997 on the file of the Court of XV Metropolitan Magis­trate, Hyderabad, wherein the complaint filed by the appellant herein to punish the accused under Section 138 of the Negoti­able Instruments Act, 1881 (for short ‘the Act’) was rejected and the accused was ac­quitted under Section 255(1) of the Code of Criminal Procedure.

2. The case of the complainant, in brief. is as under :

The complainant was dealing with finan­cial business and the accused obtained a loan of Rs. 30.000/- from it. Since the loan amount was not paid within a specific pe­riod, on demand, the accused issued cheques bearing Nos. 0175036 and 0175038 for Rs. l,000/- and for Rs. 34,927/- respec­tively on 30-11-1996 drawn on the Andhra Pradesh State Co-operative Bank Limited. Hyderabad. The cheques were presented for collection on 7-12-1996. but they were re­turned with endorsement ‘insufficient funds’. On this, the complainant demanded for payment of amount through a notice dated 13-12-1996 with a demand to pay the said amount of Rs. 35,927/- along with Rs. 500/- towar