1. This is an Appeal against the judgment and order of acquittal passed by the learned Judicial Magistrate, First Class, Nagpur in Summary Criminal Case No.20795/2011.

2. The respondent Nos.1 to 4 were prosecuted by the appellant for the offence punishable under Section 138 of the Negotiable Instruments Act on the ground that three cheques totally amounting to Rs.7 lakhs, issued by the respondent no.3 on behalf of the respondent no.2 were dishonoured for want of sufficient funds. At this stage, it may be mentioned here that the respondent no.2 was earlier a Private Limited Company and was later on converted into a Public Limited Company. The respondent no.3-Vivek was the Chairman of respondent no.2 and respondent no.4 was the Vice-President of respondent no.2.

3. The appellant-M/s Aditya Air Products Private Limited were manufacturing industrial and medical gases in their factories at Nagpur and Chandrapur. The respondent no.2 (earlier respondent no.1) had placed order through the respondent Nos.3 and 4 for LPG cylinders, CO2 gas cylinders and oxygen gas cylinders for being delivered at the sites of respondents at Amravati, Bela, and Chandrapur. It was alleged by the app