U. Durga Prasad Rao, J.—The point for determination is:

Whether a Hindu Undivided Family (HUF) is association of individuals within the mischief of Section 141 of Negotiable Instruments Act, 1881 (for short N.I. Act) so as to be called as a company to prosecute the accused under Section 138 of N.I. Act?

2. The factual matrix of the case is thus:

(a) The 2nd respondent herein is the complainant, who filed C.C.No.1054 of 2012 on the file of IX Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, under Sections 138 and 142 of N.I. Act against A.1 and petitioner/A.2. A.1 is the son of A.2 and as per complaint allegations theirs is a Hindu Undivided Family. Both the accused approached the complainant and sought hand loan for the purpose of meeting their urgent family necessities and in view of the acquaintance with them, complainant advanced an amount of Rs.9,00,000/- from time to time. The accused promised to repay the amount with interest @ 18% per annum within a period of two(2) years.

In the last week of August, 2012 on the demand of the complainant, Accused No.2 being the Kartha of HUF, confirmed the due amount as Rs.13,50,000/-. Accused No.1 as a member of HUF