Rohit B. Deo, J.—One Shri Ashok Thanvi, who is described as Proprietor/Partner of M/s. Shree Durga Trading Company in Criminal Complaint 3541/2005 under section 138 of the Negotiable Instruments Act (‘Act’ for short) is acquitted by the Chief Judicial Magistrate First Class, Wardha by judgment and order dated 26.03.2013 which is impugned herein.

2] The complaint was instituted by the complainant arraying Hygienic Palm Oil Private Limited through Shri Bharat Patel and Shri Snehalbhai Patel as accused 1 and M/s. Shree Durga Trading Company through Partner/Proprietor Shri Ashok Thanvi as accused 2. The complainant could not secure the presence of accused 1 whose trial was therefore separated.

3] The gist of the complaint is that the complainant M/s. Sudarshan Industries, Wardha is a manufacturer of washed cotton seed oil and other oils. In accordance with telephonic talk with the accused, the said company dispatched 9835 kg. washed cotton seed oil worth Rs.4,07,169/- on 27.06.2004 from Wardha to accused 1. The necessary documents inter alia a provisional bill in the name of accused 1 and advice letter for sale of goods were dispatched along with the goods. Accused 2 is