K.C. Bhanu, J—The de facto complainant in C.C. No. 546/1998 on the file of XXIII Metropolitan Magistrate, Hyderabad, filed this appeal, aggrieved by the Judgment, dated 10.11.1999, of acquittal of 1st respondent accused.

2. The appellant filed a private complaint under sections 138, 141 and 142 of the Negotiable Instruments Act (for short, ‘the Act’) alleging that he got acquaintance with the accused through Mr. Satish Kumar. The accused approached him for a loan of Rs. 1,00,000 for his business needs with a promise to repay the amount on demand with insix months. Ac-cordingly, he paid Rs. 1,00,000 on 12.1.1997 with interest at 18 per cent per annum. The accused duly executed a promissory note and issued a cheque bearing No. 204675, dated 25.9.1997 drawn on State Bank of India, Yellareddyguda Branch, Hyderabad, for Rs. 1,00,000/-. When the appellant presented the cheque in the bank it was returned, unpaid with an endorsement “funds insufficient”. Therefore, he got issued a legal notice, dated 25.10.1997. Though the accused received it he did not pay the amount nor given any reply. Therefore, the complainant flied the complaint. On behalf of the complainant, P.Ws. 1 and 2 we