JUDGEMENT:

This Criminal Appeal is filed against the Judgement dt.

5.8.2002 in C.C.No. 47 of 1999 on the file of the X Metropolitan Magistrate, Secunderabad whereby the learned Magistrate acquitted the respondent/accused of the offence under Section 138 of the N.I. Act.

As there was no representation for the appellant on the last date of hearing, this Court passed docket order stating that if the counsel for the appellant does not turn up on the next date of hearing, the matter will be decided on merits and posted the matter to this day. Even today also there is no representation for the appellant and therefore the matter is taken up and disposed of on merits.

The brief facts of the case are that the appellant/complainant was doing business under the name and style of M/s Satguru Enterprises at Secunderabad. The respondent/accused who is known to the complainant borrowed an amount of Rs. 50,000/- on. 27.5.1998 and executed a demand promissory note (Ex:P.5) on the same day agreeing to repay the said amount on demand. On the same day, the accused also handed over a post dated cheque to the complainant for an amount of Rs. 50,000/- towards security to the loan borrowed. Since the accused