JUDGMENT

A.D. Upadhye, J. - Being aggrieved by the Judgment and order dated 30/06/2006 passed by the J.M.F.C. & Special Court of 138 of N. I. Act, Nagpur in Summary Criminal Case No.1062/2002 acquitting the accused of the offence punishable under section 138 of the Negotiable Instruments Act, the appellant - original complainant has preferred this appeal. The respondent Nos.1 and 2 are original accused. The respondent No.3 is State of Maharashtra. The parties are referred by their original status. (Hereinafter appellant is referred as "complainant" and respondents are referred as "accused").

2. During the pendency of the appeal, the legal heirs of the complainant were brought on record.

3. The complainant has contended that he is the resident of Nagpur. The accused No.1 is the Company duly registered under the Companies Act and accused Nos.2 and 3 are their Managing Directo It appears that the name of accused No.3 - Sanjay Hartalkar was deleted, as the complaint was withdrawn against him and he was acquitted.

4. The complainant has contended that the accused Nos.2 and 3 approached to him in the month of January, 1994 and requested for handloan to meet the urgent business dealings. T