Chitre J.G., J.—The appellant is hereby assailing correctness, propriety and legality of the Judgment and Order passed by Chief Judicial Magistrate, Kolhapur, in the matter of Regular Criminal Case No.402 /1996, by which he acquitted the accused for an offence punishable under provisions of Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred as Negotiable Instruments Act for convenience).

2. The prosecution case, in brief, is that respondent No.1, happens to be the partner of Instacomp, a firm dealing in computers and auxiliary parts for performance of the computers. It is alleged by the appellant that she purchased a printer from respondent No.1 for Rs. 35,000/-. She paid Rs. 5,000/- in cash for which voucher bearing No.586 was issued, vide voucher No.585 acknowledgement of payment of Rs. 25,000/- was vouchered. On

12-10-1995 Rs. 5,000/- were given already. Thus, the said amount of Rs. 35,000/- were accounted for. The appellant used that printer for some days and thereafter as the said printer was not properly functioning, a complaint was made. After due settlement, it was agreed that respondent No.1 was to pay to the appellant a sum of Rs. 26,000/- and she