STATE OF MAHARASHTRA Vs. KALPAK BHASKAR GADHAVE

JUDGEMENT

(1.) This appeal is preferred by the State of Maharashtra at the instance of Dairy Manager, Government Milk Scheme, Solapur under Sec. 378(3) of the Code of Criminal Procedure challenging the judgment and order dtd. 18/5/2006 passed by the Judicial Magistrate, First Class, Solapur in Summary Trial Case No.4999 of 2003.

(2.) The respondent was tried for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 ('N.I.Act ' for short). Learned Magistrate acquitted the respondent. The appellant is aggrieved by the judgment of acquittal.

(3.) The case of the complainant is as follows :