JUDGMENT :

The legality, propriety and correctness of the Judgment and Order dated 25 August 2011 passed by the learned Metropolitan Magistrate, 48th Court, Andheri, Mumbai, in Criminal Case No.512/SS/2010, whereby respondent No.1/accused came to be acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’), is assailed in this Appeal.

2. The appellant/complainant is a private limited company dealing in the trade of diamonds. M/s D. B. Diamonds, a proprietorship of Mr Dhaval Bhatt, placed an order with the complainant for purchasing diamond jewellery for Rs.22,74,240/-. The complainant supplied diamond jewellery to M/s. D. B. Diamonds and raised nine invoices totalling Rs.22,74,240/- out of which Mr Dhaval Bhatt paid Rs.12,71,260/-; and Rs.10,02,980/- remained to be paid to the complainant.

3. It is alleged that respondent No.1/accused, the brother-in-law of Mr Dhaval Bhatt, took over the liability of Mr Dhaval Bhatt to pay the outstanding amount of Rs.10,02,980/- to the complainant. In pursuance of this arrangement, the accused issued a post-dated cheque bearing No.015847 (‘said cheque’) dated 18 November 2009, drawn on HDFC Ba