SHALINI PHANSALKAR JOSHI, J.

1. This appeal is preferred by original complainant, challenging the acquittal of respondent-accused, for the offence punishable under Section 138 of the Negotiable Instruments Act, as recorded by the joint Judicial Magistrate First Class, Nashik, vide his judgment and order dated 17th April, 2001, in Summary Case No. 1469 of 1998.

2. Brief facts of the appeal can be stated as follows:-

Appellant herein is a registered partnership firm. It has filed private criminal case against respondent through its partner Shri. Sharad Chandorkar, for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the, N.I. Act) alleging inter alia that the respondent has from time to time since 10th June, 1997, started purchasing broiler chicken on cash basis from the appellant firm. Initially respondent used to purchase the broiler chicken on part payment. Appellant has maintained accounts of the transactions that took place between the appellant and respondent. It was specifically alleged in the complaint that respondent has purchased broiler chicken amounting to Rs. 2,69,000/- by various bills dated 16.5.1998, 17.5.