BHUPESH RATHOD Vs. DAYASHANKAR PRASAD CHAURASIA AND ORS.

JUDGEMENT

(1.) The appellant is the original complainant. He had filed a complaint against respondent no.1 herein, alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act (N.I.Act hereinafter). After holding a trial, the Special Metropolitan Magistrate, Mumbai, found respondent no.1 not guilty and passed an order of acquittal. Being aggrieved thereby, the appellant has, after obtaining special leave of this court, filed the present appeal praying that the order of acquittal be set aside and respondent no.1 be convicted.

(2.) I have heard Mrs.Kavita Pawar, the learned counsel for the appellant. I have heard Mr.Amar Bhatt, the learned counsel for respondent no.1.

(3.) For the sake of convenience and clarity, the appellant shall hereinafter be referred to as 'the complainant' and respondent no.1 as 'the accused.'