VISHAL NAGARI SAHAKARI Vs. DAMODAR RAJERAM THAKRE

JUDGEMENT

(1.) Heard rival submissions at length on the earlier date and also today on this criminal appeal preferred by the appellantoriginal complainant challenging the order of acquittal of the respondent in the matter of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act).

(2.) The impugned judgment and order dated 30/4/2009 was passed by the Judicial Magistrate, First Class (Special Court), Nagpur, thereby acquitting the respondentaccused of the offence punishable under Section 138 of the Act mainly holding that the accused proved that the concerned cheque (Exh.23) was not issued by him for any liability, and therefore, the offence punishable under Section 138 of the Act is not attracted.

(3.) In order to appreciate the rival submissions, the case of the complainant in nutshell can be mentioned as under.: