K.C. Bhanu, J.—This criminal appeal is directed against the Judgment of acquittal dated 29.10.1999 in C.C. No. 149 of 1998 on the file of the II Metropolitan Magistrate, Hyderabad.

2. Shashi Finance Corporation represented by its General Power of Attorney filed a complaint against the accused under Section 138 of Negotiable Instruments Act, hereinafter referred to as ‘the Act’, alleging that the accused borrowed a sum of Rs. 50,000/- for their business financial necessities and against which they issued an account payee cheque dated 30.7.1997 drawn on State Bank of Hyderabad, Shapurnagar Branch, towards repayment of the said borrowing. When the cheque was presented to the bank, it was returned for insufficient funds. Therefore, the complainant got issued legal notice dated 12.2.1998 to the accused by registered post and also under certificate of posting. But the accused managed to return the notice sent. Therefore, it is deemed service of notice. When the accused failed to pay the amount, the present complaint was lodged. On behalf of the complainant. P.Ws. 1 to 3 were examined and Exhibits P-1 to P-14 were marked. The lower Court after considering the material on record and