The appellant had prosecuted respondent No. 1 herein on the allegation of having committed an offence punishable u/s 138 of the Negotiable Instruments Act. After holding a trial, the learned Metropolitan Magistrate's 44th Court, Andheri, Mumbai, came to the conclusion that the case against respondent No. 1 was not proved and, therefore, passed an order of acquittal. The appellant, being aggrieved by the said order of acquittal has filed the present appeal after obtaining leave of this court.

2. The appellant shall, hereinafter, be referred to as “the complainant” and respondent No. 1 as “the accused”, for the sake of convenience and clarity.

3. The appeal was taken up for final hearing expeditiously at the instance of the complainant He being a senior citizen, insisted on an expeditious disposal of the appeal.

4. I have heard Mr. Sachin Dhakephalkar, the learned counsel for the appellant – complainant. Nobody appears for respondent No. 1 – accused. No submissions have been made by the learned APP on behalf of the State of Maharashtra.

5. I have gone through the entire evidence adduced during the trial. I have also gone through the judgment and order.

6. The substance