(1.) Heard learned respective counsel for the parties. This is an appeal preferred by the appellant/original complainant, challenging the judgment and order of acquittal dated 20-9-1997, rendered by learned Judicial Magistrate First Class, Rahuri, thereby acquitting the respondent No. 1 i.e. original accused for the offence punishable under section 138 of Negotiable Instruments Act. (The parties herein after are referred to as per their original status i.e. complainant and accused).
(2.) The factual conspects and shorn of the details are as follows :--
(3.) To substantiate the case of the complainant, the complainant namely Snehalata Dayanand Salve examined herself as PW 1 and also examined two other witnesses namely Sunil Jadhav as PW 2 Junior Officer belonging to A.D.C.C. Bank, and PW 3 Goraksha Gangadhar Dhanwade, clerk of Bank of Maharashtra branch Rahuri On the said background, accused neither examined himself nor examined any defence witness but put forth his defence through cross examination of the complainant and her witnesses and also through his statement recorded under section 313 of Code of Criminal Procedure.