Dr. B. Siva Sankara Rao, J.

1. The appellant-complainant Dr. B. Parameswara Reddy seeks to assail the acquittal judgment against the accused persons 1 to 7(A1 to A7) dated 03.01.2008 passed by the learned Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Ponnur, in the private complaint case C.C. No. 14 of 2001 for the offence punishable under Section 138 of the Negotiable Instruments Act (for brevity 'the Act'). The case of the complainant was that, the complainant who was one of the trustees of A.1-trust viz., Charity International Trust (for short, 'the CIT'), Chittoor town represented by its Secretary (by then C. Karunakar Babu since died) advanced money to the Trust as hand loans repayable with interest, that as the trust was not functioning in proper lines and went in financial crisis, complainant resigned from the trustship and demanded the CIT for repayment of the amount with interest and service charges for which the Board of Trustees settled by agreement dated 09.09.1996 (under Ex. P17 dated 25.09.1996) to repay the dues to the complainant and issued two post-dated cheques for Rs. 20,00,000/- and the same when presented returned dishonoured and the Trustees again entered a fresh agreement and issued two other post-dated cheques on 01.02.1997 and they were once again bounced for which the complainant filed C.C. 110 of 1997 and the calendar and judgment of it covered by Ex. P.2, and there was a settlement and agreement with A.3-Dr. G.A. Jayaram Naidu (Vice-Chairman of the CIT) and Ex. P3 cheque dated 01.10.2000 was pursuant to it drawn by the accused persons 3 and 4 by names Dr. G.A. Jayaram Naidu (Vice-Chairman) and C. Karunakar Babu (Secretary) since died pending appeal, with Ex. P.4 covering letter dated 09.09.2000 and the same once again bounced vide Ex. P5 and P6 memo of presentation and dishonour intimation respectively dated 13.10.2000 and 26.10.2000 for which the complainant got Ex. P7 legal notice dt. 30.10.2000 issued to the 16 trustees including A.2 to A.7 and the accused having received the same including by Ex. P10 and P12 acknowledgments, only A.6 Dr. S. Subba Rao (Treasurer of the CIT) and another Venkataswamy issued Ex. P.8 reply dated 16.11.2000 and A.2 sent letters Ex. P.9, P11, P19 and also Ex. P13 letter with Photostat copy of legal notice sent by A.6 Dr. Subba Rao to A.2, A.3 also sent letters Ex. P.16 dated 25.09.1996, P. 18 dated 01.02.1997, P.20, dated 22.02.1999, P.21, dated 28.07.1999, P.22, dated 25.06.2000 and G. Kunda (Managing Director of the CIT) sent letter Ex. P.14 dated 10.09.1996, the resolutions passed by the CIT, dated 13.04.1998 are Ex. P15 besides P.23 and P.24 (resolutions) and the reply given by other accused is denying liability and without payment. Therefrom, the complainant filed the private complaint case.

2. The Court after recording sworn statement of complainant, taken cognizance and the accused persons appeared before the Court pursuant to the summons and after supply of case copies under Section 207 of the Code of Criminal Procedure (for brevity, "The CrPC"), when questioned on substance of accusation under Section 251 CrPC, they pleaded not guilty.

3. On behalf of the complainant during the course of trial, complainant was examined as P.W.1 and got examined V. Leela Prasad as P.W.2 and cause marked Exs. P.1 to P.24 which include those referred supra.

4. After the evidence on the side of the complainant was complete, the accused were examined under Section 313 of CrPC for which they denied the incriminating material put to them. On behalf of the accused persons, the Chairman of the CIT-A.2 (Dr. T. Prakash Rao), was examined as D.W.1 and got marked Exs. D.1 to D.3 certified copy of the registered trust deed dated 27.12.1995 and the 6th and 9th supplementary deeds.

5. Appreciating the evidence, both oral and documentary, the trial Court held the accused as not guilty and acquitted with the observations that, as per complainant an amount of Rs.10,00,