JUDGMENT

Rohit B. Deo, J. (Oral) - The appellant is aggrieved by the judgment and order dated 18.12.2008 rendered by the learned Judicial Magistrate First Class, Tumsar in Summary Criminal Complaint Case 408/2006, by and under which the respondents 1 and 2 are acquitted of offence punishable under section 138 of the Negotiable Instruments Act, 1881 ("Act" for short).

2. The appellant (hereinafter referred to as the "complainant") instituted proceedings under Section 138 of the Act, the cause title of which reads thus :

"Shirishkumar s/o Shobharam Lohabare, Aged about 28 years, Occupation - Nil, R/o Shriram Nagar, Tumsar..... Complainant vs. Bhandara Zilla Bahuuddeshiya Apang Vikas Sanstha, Nakadongari, Reg. No.109/1997 through its Director, 1) Madhav s/o Ramkrishna Drugkar, Aged about 55 years, Occupation - President of Bhandara Zilla Bahuuddeshiya Apang Vikas Sanstha Nakadongari, Reg. No.109/1997, R/o Durga Colony, Tumsar, Also c/o Shiv Medicals, Opp. Ram Mandir, Tumsar, District Bhandara. .. Accused"

The cause title would suggest that the accused is Bhandara Zilla Bahuuddeshiya Apang Vikas Sanstha which is arrayed through Shri Mahadev Drugkar and Shri Yuvraj Bhutange, the Presiden