V. Bhaskara Rao, J. - This is an appeal against acquittal filed by the complainant in C.C. No. 100 of 1997 on the file of XVI Metropolitan Magistrate, Hyderabad, dated 23-3-1998. The parties will be referred to as complainant and accused.

2. The complainant is a dealer in steel scrap for re - rolling, melting and M.S. Flats, angles, TOR Steel etc. He supplied the iron and steel items of various specifications as required by the accused and raised various bills. The accused paid a sum of Rs. 12,94,000/- as part -payment, the last payment of Rs. 3 lakhs being on 14-12-1996. The accused was due to the complainant a sum of Rs. 1.51,875.25 ps. as on 15-12-1996. He issued a cheque bearing No. 646517, dated 1-1-1997 for the said amount drawn on State Bank of Hyderabad, Kavadiguda Branch, Secunderabad. When it was presented in the bank it was returned dishonoured with a endorsement" insufficient funds." It was brought to the notice of the accused and at his request the complainant represented the cheque once again in his bank on 3-1-1997, but it was returned once again with the same endorsement on 7-1-1997. Thereupon the complainant got a legal notice issued on 17-1-1997, which