1. Leave granted. Appeal admitted.

2. Appeal be registered.

3. By consent heard finally at the stage of admission.

4. This appeal is directed against the judgment and order dated 22.12.2012, of the Judicial Magistrate First Class, Kurundwad,whereby he acquitted the Respondent No.2 accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

5. The appellant original complainant is a co-operative society registered under Maharashtra Co-operative Societies Act. The appellant society is having business of accepting deposits and giving loans to the members and is in the business of finance. The respondent No.2 was working as a Secretary of the said society nearly for a period of six years prior to 2008. He was aware of day-today affairs of the society. So also aware of disbursement of the loans and gold loan by the society. It is the case of appellant that the respondent No.2 without taking into confidence the Chairman, Vice Chairman or other members of the Managing Committee, forged the signatures and on the basis of false investments receipts, withdrew an amount from the society account and misappropriated the funds of society. The origina