S. Sardar Zackaria Hussain, J.— The appellant is the complainant and the appeal is filed against the Order of acquittal of the respondent/accused in C.C.No. 1867 of 1994 on the file of the VIIth Metropolitan Magistrate, George Town, Madras, as per Judgment dated 17.6.1996 for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the Act’).

2. The private complaint was filed by the complainant stating that the complainant Amaravathi Chits and Investments is a partnership firm and the accused borrowed money from the complainant and in discharge of the same, he issued a cheque No.991836 dated 26.12.1993 drawn on Indian Overseas Bank, Triplicane, for a sum of Rs. 50,000. The accused requested the complainant to present the cheque by the end of February, 1994 and when the cheque was presented for collection on 1.3.1994, it was returned with endorsement “insufficient funds.” After return of the cheque, the complainant contacted the accused and asked him to pay the amount but he was evasive and, therefore, lawyer’s notice was issued on 7.3.1994, which was served on the accused on 10.3.1994. Since the amount was not paid, the complaint was f