B. Atchutananda Swamy. J-This criminal appeal is filed aggrieved by the orders of acquittal passed by the IV Metropolitan Magistrate, Vijayawada in C.C. 829/94. The complainant preferred this appeal. In the said judgment the Magistrate held that the complainant failed to prove that the cheque in question was issued in discharge of a legally enforceable Hability and acquitted the respondent.

2. Smt. K. Amruthavalli, Managing Partner, the complainant, is represented by her General Power of Attorney Holder Mr. Sundarasivarao has filed the complaint in the Court. The facts of the case are that the respondent was having account with the appellant for supply of cement and a khatha is being maintained in his account in the appellant Company. By the end of the financial year 1993-94 an amount of Rs. 16,790/- is payable by the accused and in discharge of the said amount he issued cheque bearing No. 526322 dtd, 26-7-1994 Ex. P-3. On presentation of the same for encashment the cheque was returned on 30-7-1994 with an endorsement 'exceeds arrangements'. Thereafter the appellant got issued a legal notice Ex. P-6 on 2-8-1994 and the accused also sent his reply Ex. P-7 on 10-8-1994 wher