U. Durga Prasad Rao, J.

Aggrieved by the judgment dated 19.11.2003 in Criminal Appeal No.164/2001 passed by the learned III Additional Sessions Judge, Kurnool at Nandyal, allowing the appeal and thereby setting aside the conviction and sentence passed in C.C.No.121/1997 by the Judicial Magistrate of First Class, Nandyal, the complainant filed the instant criminal appeal.

2. The parties in this appeal are referred as they were arrayed before the Trial Court.

3. The factual matrix of the case is thus:

(a) The complaint was filed under Sections 138 and 142 of Negotiable Instruments Act, 1881 (for short N.I. Act) with the allegations that complainant-G.Vijaya Raghavan, R/o.Nandyal, was the Proprietor of Nandyal Aqua Feeds Private Limited and the accused, who is the Proprietor of Sai Aqua Feeds N Needs, Nellore and the accused was appointed as dealer of complainant at Nellore. During the course of business transaction, the accused was indebted to a tune of Rs. 7,20,160.89ps to the complainant and to discharge the said debt, the accused issued three post dated cheques bearing N