M. Ranga Reddy, J. - This is an appeal filed by the complainant in C.C. No. 286 of 1991 on the file of XI Metropoliton Magistrate, Secunderabad acquitting respondents 1 and 2 of offence under Section 138 of the Negotiable Instruments Act.

2. The case of the appellant as disclosed from the complaint filed by him is in brief as follows:

The respondents 1 and 2 borrowed a sum of Rs. 1,00,900/- from the appellant for purpose of their business promising to repay the same within a short time. Respondents 1 and 2 became liable in a sum of Rs. 1,18,337/- in respect of the said transaction and issued a cheque drawn on 'Karor Vysya Bank' Rashtrapathi Road, Secunderabad for the said amount with an understanding to present the said cheque on 15-1-1991.

3. The appellant complainant presented the said cheque on 15-1-1991 but it was returned for want of sufficient funds. The appellant then contacted the respondents on telephone and demanded for payment of the amount for which the cheque was issued. Then the respondents promised to arrange for payment in a short time. So, the appellant waited for two months and again presented the cheque for encashment on 19-3-1991, but it was again returned