JUDGMENT

Prakash D. Naik, J. - This appeal is preferred by the State of Maharashtra at the instance of Dairy Manager, Government Milk Scheme, Solapur under Section 378(3) of the Code of Criminal Procedure challenging the judgment and order dated 18th May 2006 passed by the Judicial Magistrate, First Class, Solapur in Summary Trial Case No.4999 of 2003.

2. The respondent was tried for the offence punishable under Section 138 of Negotiable Instruments act, 1881 (`N.I.act' for short). Learned Magistrate acquitted the respondent. The appellant is aggrieved by the judgment of acquittal.

3. The case of the complainant is as follows :

The complainant is in the business of supplying milk to the customers through its agents. The accused is agent of complainant i.e. Government Milk Dairy and he was collecting milk from the said dairy for the purposes of selling it. There were dues of Rs.1,00,000/-from the accused. He was informed about the dues by the dairy manager. The accused gave cheque bearing No.118039 dated 10th March 2003 for Rs.1,00,000/- drawn on Janata Sahakari Bank Limited, Solapur. The complainant deposited the cheque for clearance with State Bank of India, Treasury Branch, Solapur.