THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL APPEAL NO.320 OF 2002 ORDER: This appeal is directed against the acquittal of the accused in C.C.No.478 of 1996 by the II Metropolitan Magistrate, Vijayawada on 23.07.2001. The appellant herein is the complainant and he has filed the complaint under Section 138 of Negotiable Instruments Act before the lower Court alleging that the cheque dated 30.09.1996 issued by the accused, in discharge of the amount borrowed by him under pronote dated 30.10.1993, was dishonoured with endorsement “Funds Insufficient.” During the course of trial, P.Ws.1 to 3 were examined and Exs.P.1 to P.7 were marked on behalf of the appellant/complainant. D.Ws.1 and 2 were examined and Exs.D.1 to D.3 were marked on behalf of the respondent/accused. By taking into consideration of the said oral and documentary evidence, the lower Court found that the disputed cheque was issued by the accused in the capacity of Manager of Sri Srinivasa Photo-frame and Glass works and not in his individual capacity and the said firm was not made as a party to the complaint, thereby acquitted the accused. Learned counsel for the appellant/complainant has pleaded that the accused has committed mischief and issued cheque on behalf of the firm for discharge of the debt due under the pronote executed by him in his individual capacity. Admittedly, the pronote was executed in favour of the complainant by the accused in his individual capacity, but the cheque was not issued in individual capacity and the same was issued in the capacity of Manager of the firm. When the firm is not a party to the complaint, the accused cannot be convicted in his individual capacity for the offence under Section 138 of Negotiable Instruments Act. Thus, the lower Court has rightly came to the conclusion that the offence under Section 138 of Negotiable Instruments Act was not made out against the accused and the said finding recorded by the lower Court does not warrant any interference by this Court in this appeal. In the result, the Criminal Appeal is dismissed. _______________________ P.DURGA PRASAD, J 02nd September, 2011 KSP