RAJESH Vs. DILIP

JUDGEMENT

(1.) The instant Appeal has been directed against the judgment and order dated 9th September 2010, delivered by learned Extra Joint Ad-hoc Additional Sessions Judge, Nagpur in Criminal Appeal No.57/20009 acquitting the respondent no.1-Dilip Ratnakar Moon (original accused). The said Criminal Appeal was preferred against the judgment and order dated 3rd March 2009 delivered by learned Judicial Magistrate First Class (Special Court), Nagpur in Summary Criminal Case No. 2281/2006 thereby convicting respondent no.1/accused for offence punishable under Section 138 of the Negotiable Instruments Act ("N.I Act" in short). The appellant hereinafter referred to as 'the complainant" whereas the respondent no.1/original accused will be referred to as the "accused").

(2.) Heard Shri S.S.Doiphode, learned APP for respondent no.2-State. Learned counsel for the complainant as well as the accused, both are absent.

(3.) The prosecution case can be summarized as under :