JUDGMENT

1. Leave granted.

CRIMINAL APPEAL NO.628/2022

Heard the appeal finally at the stage of admission by consent of the learned Counsel for the parties.

2. The present appeal is filed being aggrieved by the order dtd. 09/09/2009 in Criminal Case No.1775/2002 passed below Exhibit 1, Exhibit 52 and Exhibit 59 by the Judicial Magistrate, First Class, Yavatmal, thereby dismissing the complaint of respondent no.1 and also the application of appellant to lead secondary evidence and allowing the application of respondent no.1 for dismissal of complaint, thereby respondent no.1 is being acquitted for the offence punishable under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881.

3. The appellant is a co-operative society registered under the Maharashtra State Co-operative Societies Act, 1960 and 100% shares of appellant society is owned by Government of Maharashtra. The appellant is engaged in various purchases of agriculture produce from farmers in entire State of Maharashtra and as such, it has offices spread over entire State at every district place. The respondent no.1 runs a shop which sells fertilizers, pesticide seeds and other agriculture equipment. The respond