(1.) Present Appeal is filed by the Appellant/Original Complainant under Sec. 378 (4) of the Criminal Procedure Code challenging the Judgment and Order dated 21 st September 2002, in Summary Criminal Case No.1002 of 2000, passed by the learned Judicial Magistrate, First Class, Court at Satara thereby the Respondent No.1/Original accused has been acquitted of the charge of the offence punishable under Sec. 138 of the Negotiable Instruments Act ("the Act", for short).
(2.) Heard Mr. Chavan, the learned Advocate for the Complainant, Mr. Karia, the learned appointed Advocate for the accused and Ms. Tendulkar, the learned A.P.P. for the Respondent No.2-State.
(3.) Record indicates that the Appeal was admitted vide Order dtd. 5/10/2004. When the Appeal came up for hearing, none appeared for Respondent No.1. Therefore, Mr.Karia was appointed to represent and espouse the cause of the Respondent No.1.