Heard learned Counsel on behalf of both parties.

2. The complainant has filed the present application for leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, vide Judgment dated 29-1-2010.

3. There is no dispute that the complainant is a registered society, registered under the Societies Registration Act, 1860. The complaint was filed by Shri Nikhil Desai on behalf of the complainant- Society who was the complainant's Acting CEO. The complaint was filed for a dishonour of a cheque dated 2-11-2006 for Rs.6,00,000/- which when presented for payment was returned dishonoured for lack of insufficient funds and a legal notice sent to the accused was not complied with by the accused.

4. As said, the complaint was filed by Shri Nikhil Desai on behalf of the complainant-Society. The said Nikhil Desai was then replaced by Shri Venancio Furtado who had deposed on behalf of the complainant. The said Venancio furtado was the General Manager.

5. The learned trial Court, acquitted the accused, interalia, on the ground that the said Venancio Furtado who was the General Manager of the complainant had admitted that the complainant w