Dr. B.Siva Sankara Rao, J.—The unsuccessful complainant in C.C.No.4 of 1998 on the file of the Court of Additional Judicial Magistrate of I Class, Kothagudem, is the appellant herein.

2. The parties are being referred as arrayed before the trial Court, for the sake of convenience.

3. The facts, in brief, are that the complainant filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act) against the accused alleging that the accused borrowed an amount of Rs.1,50,000/- from the complainant and the said debt was acknowledged by the father of the accused and the accused issued a cheque in favour of complainant, when the said cheque was presented, it was dishonoured. When the complainant issued statutory notice, accused issued reply admitting his indebtedness and subsequently, he paid an amount of Rs.43,000/-. On 17.10.1997 accused got issued another reply notice through his counsel admitting his liability to pay the loan amount, and he issued Ex.P.3 cheque bearing No.535365 for a sum of Rs.50,000/-,when the said cheque was presented in the bank it was dishonoured with an endorsement Account was closed. Then the complainant got issued