ORDER:

This appeal is directed against the acquittal of the accused in C.C.No.11 of 2000 by the Judicial First Class Magistrate, Wanaparthy on

19.04.2004.

The appellant herein is the complainant. He has filed a private complaint against the 1st respondent/accused for the offence under Section 138 of Negotiable Instruments Act alleging that the accused and her husband have jointly doing money lending business in the name of the accused. The husband of the accused is a bank employee and he used to borrow money from many persons on pronotes by offering more interest than the bank interest. The complainant gave Rs.67,000/- to the husband of the accused by expecting higher interest and he has to recover Rs.83,000/- including interest. Subsequently the son of the complainant borrowed Rs.18,000/- from the accused on daily payment account, which has came up totally Rs.58,000/-. Subsequently, the husband of the accused went underground due to financial problems. The complainant approached the accused for settlement of the account and arrived at Rs.25,000/- as due amount, for which the accused issued a cheque bearing No.223630 on 06.12.1999 and when the same was presented by the complainant in