JUDGMENT :

1. Instant appeal under section 378 (4) of the Code of Criminal Procedure, 1973 has been filed by the appellant against Respondent no. 1 to 5 being aggrieved and dissatisfied with the judgment and order dated 29.08.2005 passed by learned Metropolitan Magistrate, 13th Court Calcutta in Case No. C-5021 of 2000, thereby acquitting the accused/ opposite party no. 2 to 5 of the charges under sections 138/141 of the Negotiable Instrument Act.

2. The appellant preferred an application praying for Special Leave to Appeal against the impugned judgment and order and the same was registered as C.R.M No. 180 of 2006. The same was allowed on 28.02.2006 and Special Leave was granted to the appellant company to file the appeal.

3. In gist, the fact of appellant’s case is that the appellant is a company incorporated under the companies Act, 1956 having its place of business at 13A, Government Place East, Kolkata-700 069. Respondent No 2 is a company incorporated under the companies Act, 1956 having its place of business at 10, Canning Street, Kolkata and Respondents no. 3 to 5 are the Directors of Respondent no. 2 Company.

4. A complaint was lodged on behalf of the appellant company before