B. Seshasayana Reddy, J.—This Criminal Appeal is directed against the Judgment dated 30-11-2001 passed in C.C. No. 529 of 1999 on the file of III Metropolitan Magistrate, Hyderabad, by which the learned Magistrate dismissed the complaint and acquitted the accused – Dr. D. Sudhakar, Managing Director of M/s. Centaury Gardens (P) Limited under Section 255 (1) Cr. P.C. for the offence under Section 138 of the Negotiable Instruments Act.

2. The appellant and R-2 are the complainant and accused respectively in C.C No. 529 of 1999. The complainant presented a complaint before the III Metropolitan Magistrate, Hyderabad against the accused alleging, inter alia, that the accused as the Managing Director of M/s. Centuary Gardens Private Limited borrowed an amount of Rs. 1,00,000/- on 14-3-1997 from the complainant finance company under a loan account bearing No. K 1868/ P2 and agreed to pay the said loan amount alongwith interest @ 2.5 percent per month and executed all the necessary documents. The accused paid an amount of Rs. 55,302/- towards interest on various dates and thereafter stopped paying the amounts. The accused admitted his liability under Ex. P-8 letter dated 19-6-1999