JUDGMENT :

1. The appellant has filed the present appeal questioning the correctness of the judgment of the III Additional Chief Metropolitan Magistrate, Hyderabad in CC No.584 of 1999 dated 20.06.2008 acquitting the respondents/accused for the offences under Section 138 of the Negotiable Instruments Act.

2. The case of the appellant is that its company has supplied goods in the course of day to day business to the respondents and towards sale consideration, the cheque Ex.P4 for Rs.10,68,000/- was issued by the 1st respondent company, owned by the 2nd respondent. The said cheque when presented for clearance was returned unpaid. Aggrieved by the same, the appellant issued legal notice. A copy of which is marked as Ex.P6. Pursuant to the issuance of the said legal notice, since the payment was not made, the appellant company represented by its Director S.N. Agarwal filed the present complaint.

3. Learned Magistrate after examining Sri Gopal Agarwal, the Managing Director of the appellant company and marking Exs.P1 to P13 and also examining the 2nd respondent as D.W.1 and one Senior Assistant from RTA Department as D.W.2 V. Narasimha Reddy, dismissed the complaint.

4. The main ground on w