The instant appeal is filed against the judgment passed by the learned XVII Metropolitan Magistrate, Saidapet, Madras in C.C.No. 3774/91, which arose out of a private complaint preferred by the appellant against the respondent for alleged commission of offence under Section 138 of Negotiable Instruments Act.

2. The facts briefly stated as under:

According to the appellant, the respondent borrowed Rs. 50,000/- from the appellant on 16-5-1990 and executed Ex.P-1, Promissory Note agreeing to repay the said amount with interest to the appellant. Thereafter, the respondent herein issued a cheque bearing No. 832793, dated 25-4-1991 for Rs. 61,624/-. The appellant presented the cheque before the Bank for collection on 26-4-1991, but it was returned with EX.P-3. Memo with an endorsement refer to drawer on 27-4-91. Thereafter, the appellant issued a telegram to the respondent calling for payment within the statutory period before institution of proceedings under Section 138 of Negotiable Instruments Act. There was no response from the respondent. Therefore, the appellant preferred a private complaint before the learned Metropolitan Magistrate in C.C.No. 3774/91.

Before the learned Magi