1. This Criminal Appeal by special leave has been preferred under Section 378(4) of Cr.P.C. by the appellant herein on whose complaint under Section 200 Cr.P.C. prosecution was initiated in C.C.No.167 of 2000 on the file of the Judicial Magistrate, Nagapattinam against the judgment of the said court dated 11.09.2002 acquitting the respondent herein/accused for an offence punishable under Section 138 of Negotiable Instruments Act, 1881.

2. The appellant herein preferred a complaint on the file of the learned Judicial Magistrate, Nagapattinam containing the following allegations:-

On 03.04.1999, the respondent herein/accused borrowed a sum of Rs.50,000/-from the appellant herein/complainant and executed a Promissory Note promising to repay the said amount in six months period together with an interest @ 18% per annum. The respondent herein/accused was paying interest as agreed for a period of six months. However, since he had not chosen to repay the principal within the agreed period of six months, the appellant herein/complainant pressurized him for making such repayment. Consequently, the respondent herein/accused issued a post dated cheque bearing the date 010. 1999 and