JUDGMENT :- This criminal appeal is directed against the common judgment dated 24-1998 passed in Criminal Appeal Nos.15 of 1997 and 32 of 1997 on the file of the III Additional Metropolitan Sessions Judge, Hyderabad, whereby and whereunder the learned III Additional Metropolitan Sessions Judge allowed the appeals filed by A3 and AI, A2 and A4 setting aside the convictiolJ and sentence for the offence under Section 138 of the Negotiable Instruments Act passed in C.c. No.622 of 1993 on the file of the V Metropolitan Magistrate, Hyderabad.

2. The appellant-herein is the complainant and whereas the Respondents 1 to 4 are the accused in C.C. No.622 of 1993.

3. The brief facts of the case leading to filing of the complaint by the appellant/ complainant before the V Metropolitan Magistrate, Hyderabad, are:

The appellant and R1 to R3 are the partners in M/s. Simhapuri Builders (R4). Some differences arose between them with regard to partnership business in the year 1992. According to the appellant/complainant, he retired from the partnership firm and thereupon, A 1 to A3 agreed to pay a sum of Rs.3,75,000/- towards his share in the partnership firm and paid cash of Rs.2 lakhs and issued ch

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