A.R. Joshi, J.—Heard rival arguments on this criminal appeal for final hearing. Perused the record and proceedings and also synopsis of arguments, advanced by the rival parties.

2. This criminal appeal is preferred by the appellant/original complainant, challenging the judgment and order of acquittal, passed in Case No.630/1999 by the Judicial Magistrate First Class, 7th Court, Nagpur.

3. By the impugned judgment and order, dated 2.1.2003, the complaint filed by the present appellant was dismissed and present respondent no.1/original accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

4. In order to appreciate the rival submissions in the present appeal and scope of the interference in the judgment of acquittal, certain factual position and also case of complainant can be briefly stated as under.

5. During the relevant time of the year 1996 or there about, the power of attorney of complainant firm was engaged in the business of sale and purchase of the shares, securities under the name and style of M/s Saibaba Investments of which the proprietor was in fact his wife. However, he himself was actively doing the said business. There