S.R. Bannurmath, J.—This appeal filed by the complainant challenging the order of acquittal dated 20.12.1997 passed by the XI Additional Chief Metropolitan Magistrate, Bangalore, in C.C. No. 24324 of 1994 acquitting the accused for the offence under Section 138 of the Negotiable Instruments Act (hereinafter called the Act).

2. The brief facts as per the complainant's case are as follows:

On 18.2.1993 the accused/Respondent herein approached the complainant/Appellant herein for a hand loan of Rs. 60,000/- to meet his financial commitments with a promise that he will return the same with interest at 18% per annum. As such, the Appellant withdrew a sum of Rs. 60,000/- from his bank account and handed over the same to the Respondent on the very same day and further the Respondent issued on the very same day a post-dated cheque dated 18.8.1993 drawn on the Corporation Bank, M.G. Road, Bangalore, for Rs. 65,400/-. It is alleged that the said cheque was presented to the Bank on 18.8.1993. The said cheque was returned by the Bank with an endorsement insufficient fund. Thereafter, the Appellant issued a legal notice dated 25.9.1993 to which the Respondent gave an untenable reply. As s