R. Kantha Rao, J. —This appeal is filed by the complainant in CC No.97 of 2000 on the file of the Court of VIII Metropolitan Magistrate for Municipal Cases, Vijayawada whereby and whereunder the accused Nos.1, 3, 4 and 5 i.e., the respondents 1 to 4 herein were acquitted of the offence under Section 138 of Negotiable Instruments Act.

2. The appellant company filed a complaint under Section 138 of Negotiable Instruments Act against the first respondent/A1 firm, Chintala Siva Krishna Prasad (A2), the Managing Partner representing the firm, A3 and A4, the respondents 2 to 4 herein who are the partners of the firm under Section 138 of Negotiable Instruments Act. At the conclusion of the trial, the learned Magistrate convicted A2, the Managing Partner of the accused firm alone and acquitted A1 firm and all the remaining partners who were figured as A3 to A5. The present appeal is filed by the appellant complainant company challenging the acquittal of the accused 3 to 5 i.e., the respondents 1 to 4 herein. On the ground that having convicted the second accused, the Managing Partner of the firm, the learned Magistrate should also have convicted the respondents 1 to 4 and as such t