K. Hema, J.

This petition is filed for granting special leave to file appeal.

2. The petitioner filed a private complaint against respondents 1 to 3 alleging offence under Section 138 of the Negotiable Instruments Act, 1881. According to the complainant a cheque was issued by first respondent - Society and its President and Secretary who are the second and third respondents as persons in charge and responsible to the Society at the relevant time. A notice was issued to respondents 2 and 3, the President and Secretary. But they did not pay the amount. Hence complaint filed against President and Secretary.

3. The appellant adduced evidence and on an analysis of the evidence, Trial Court convicted accused 1 to 3. All the three accused however, filed an appeal challenging the conviction and sentence against 2nd and 3rd accused (No sentence was passed on accused No. 1). In appeal, conviction and sentence were set aside. Hence this petition is filed for special leave to file appeal against order of acquittal.

4. Appellate Court, after evaluating evidence and records, held as follows :

"Here the accused Nos. 2 and 3 are not named but are shown by their official designation in the compan