SHESHARAO KRISHNARAO UMREDKAR Vs. H K PANDE

JUDGEMENT

(1.) By means of this appeal, the appellant original complainant is challenging the validity and legality of the judgment and order passed by learned Judicial Magistrate, First Class, Special Court under section 138 of the Negotiable Instruments Act, Nagpur ( hereinafter referred to as "N.I. Act" for the purposes of brevity) who, by order dated 29th June, 2006 passed in Summary Criminal Case No. 2560/2006 found the respondent/accused not guilty for offence punishable under section 138 of the N.I. Act and acquit the accused.

(2.) The facts in brief are that : According to complainant M/s Rakesh Enterprises, the accused Mr H K Pande for M/s Hari Industries at Nagpur had transactions that the complainant had purchased certain goods, such as, silk yarn, raw material, Beranas silk etc. during the year 1999. It is the case of the complainant that the accused had issued two cheques one cheque bearing No. 368017 dated 17.8.1999 for a sum of Rs. 73, 810/and another cheque bearing No. 368027 dated 5.9.1959 for a sum of Rs. 40,000/.

(3.) The complaint was lodged on 4.12.1999. After verification on 30th March, 2000, the process was issued by order dated 29.7.2003 under section 138 of the N.I. Act.