The criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, is directed against the judgment, dated 30.10.2001, in C.C.No.51 of 2000, on the file of the learned V Metropolitan Magistrate, Visakhapatnam, whereunder and whereby, the second respondent/sole accused was found not guilty of the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act, 1881 (For short ‘the Act’). Challenging the same, the complainant firm filed the present appeal.

2. The brief facts that are necessary for the disposal of the present appeal may be stated as follows:

The accused, along with his father-I.J. Subrahmanyam, mother-Sarojini and brother-Venkata Chalapathi Rao, jointly borrowed an amount of Rs.23,500/- from the complainant firm on 30.06.1995, promising to repay the same with interest @ 36% per annum. Subsequently, father of accused paid an amount of Rs.500/- on 31.03.1998 and made an endorsement for the part payment on the reverse of the promissory note. In spite of several demands, the accused did not discharge the debt, but issued a cheque, dated 05.07.1999, bearing No.0373173, drawn on Vysya Bank Limited, Surya Bagh Branch, Visakhapat