VISHNU PRASAD HARICHAND AGRAWAL Vs. PRABHAKAR DEVRAO THAKARE

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 5/5/2011 passed by the learned Judicial Magistrate First Class, 5th Court, Gondia, whereby the learned Judicial Magistrate acquitted the respondent No.1- accused (hereinafter referred to as accused) for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the N.I.Act").

(2.) The brief facts are as follows:-

(3.) The complainant adduced the evidence. He has examined himself and three independent witnesses. The accused in his defence examined himself as well as independent witnesses. Learned Magistrate on appreciation of the evidence accepted the case of the complainant on all counts except on the count of service of notice to the accused before filing the complaint. Learned Magistrate on this ground alone acquitted the accused. The complainant being aggrieved by this order has come before this Court.