JUDGMENT :

1. This appeal is filed at the instance of the original complainant under Section 378 of Cr.P.C., 1973, feeling aggrieved and dissatisfied with the impugned judgment and order dated 19.12.2011 passed by learned Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.569 of 2009. By the said judgment and order, the learned Magistrate has recorded the order of acquittal of respondent No.2-original accused by giving benefit of doubt for the offence punishable under Section 138 of the N.I. Act, 1881.

2. The gist of the complaint according to the complainant is that appellant is a public limited company registered under the provisions of Companies Act and is engaged in the business of automobiles leasing/higher purchase. It would be relevant to mention that the complainant is “Ashok Leyland Finance Ltd.” (for short “erstwhile company”) and the complaint is filed by Satish Chandulal Dube, who claims to be the Area Officer of the erstwhile company and as part of his service and the post, which he holds being authorized by the complainant, has filed the present complaint. It is contended in the complaint that the accused No.1 had obtained loan for purchase of Tata Indic