Abhay M. Thipsay, J.—The appellant is the original complainant. She had prosecuted the respondent no.1 herein on the allegation that the respondent no.1 had committed an offence punishable under section 138 of the Negotiable Instruments Act. The Metropolitan Magistrate’s 7th Court, Dadar, after holding a trial, found the respondent no.1 not guilty, and passed an order of acquittal. Being aggrieved thereby, the appellant, after obtaining special leave of this Court, has filed the present Appeal.

2. When the Appeal was called out for final hearing, none appeared for the respondent no.1. Under the circumstances, the Appeal is being decided after going through the record, and after hearing the learned counsel for the appellant.

3. For the sake of clarity, the appellant is hereinafter referred to as ‘the complainant’ and the ‘respondent no.1’ as ‘the accused’.

4. I have heard Mr.Sagar Kasar, the learned counsel for the appellant. He has taken me through the evidence adduced during the trial, and the impugned judgment.

5 The case of the complainant as made out against the accused, as per the complaint, was that the husband of the complainant had advanced a friendly loan o