JUDGMENT :

This revision application has been preferred for setting aside the judgment and order dated 19.11.2018 passed by learned First Additional Sessions Judge, Muzzafarpur in Criminal Appeal No. 95 of 2017 whereby and whereunder the learned Appellate Court has been pleased to hold that the accused of this case (O.P. No.2) cannot be held guilty under Section 138 of Negotiable Instruments Act (hereinafter referred to as the ‘N.I. Act’) and accordingly the judgment of conviction and sentence passed by learned Additional Chief Judicial Magistrate-XIII, Muzaffarpur has been set aside.

Brief Facts of the Case

2. The complaint case was filed by this petitioner on 07.08.2012 in the court of Chief Judicial Magistrate, Muzaffarpur. He claims himself a contractor who was appointed and was given a power of attorney by one M/s Umbrey Trade Agency (hereinafter referred to as ‘Firm’ or ‘Agency’) on 29.01.2010 for two years. It was his case that he had done the work of road construction on behalf of the Agency by making investment in his own capacity. On 17.11.2010 he was allegedly removed as power of attorney holder of the agency and the agency appointed one Mr. Deepak Kumar as new power of