Bhangale A.P., J.—By means of this appeal, the appellant (original complainant) has challenged the validity, legality and correctness of the judgment and order dated 11th June, 2008 in Summary Criminal Case No. 2130/2007 by the learned Judicial Magistrate, First Class, Court No.1, Yavatmal whereby the accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The fact, in brief are these: the complainant Credit Co-op. Society had filed a complaint in the Court of learned Judicial Magistrate, First Class Yavatmal which was registered as Summary Criminal Case No. 2130/2007. The complainant alleged that it is a registered society doing the business of advancing loans to its members. Smt. Sadhana Dharamchandraji Kochar is the Manager of the said society doing business in the name as “Yavatmal Zilla Mahesh Nagari Sahakari Pat Sanstha Maryadit, Yavatmal. The accused is a resident of Umarsara Tq. & Dist. Yavatrnal. He needed loan for construction of a house in the sum of Rs. 5,00,000 which was sanctioned by the complainant-society, after the accused had executed necessary documents including promissory note etc., pursuant to the loan a