K.N. Basha, J.—The complainant, who is the appellant in this case, has come forward with this Appeal challenging the order of acquittal passed by the learned V Additional Sessions Judge, Chennai, in C.A. No. 91 of 2004 dated 22.09.2004 reversing the order of conviction passed by the learned IX Metropolitan Magistrate, Saidapet, Chennai, in C.C. No. 3716 of 2003 dated 17.02.2004 convicting the accused under Section 138 of the Negotiable Instruments Act (hereinafter referred to as “the Act”) and sentencing him to undergo two years’ Rigorous Imprisonment and to pay a compensation of Rs. 42,00,000/-, which is twice to the cheque amount of Rs. 21,00,000/-, in default, to undergo three months’ Simple Imprisonment. There are totally two accused and the learned Trial Magistrate acquitted A-2 from the charges levelled against him.

2. (a) The case of the complainant is that the first accused and the second accused in this case are the father and son and both of them jointly approached the complainant in the year 2002 and borrowed total sum of Rs. 21,00,000/- on various dates till July 2002 for their business purpose. It is the further case of the complainant that there was also an