JUDGMENT :

By way of this appeal, the appellant has challenged the judgment passed by the Court of learned Judicial Magistrate 1st Class, Solan, District Solan, Himachal Pradesh in Complaint No. 250/3/04 of 2002, dated 31.8.2007, vide which respondent-accused stand acquitted for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. Brief facts necessary for adjudication of the appeal are that complainant/appellant is an incorporate, constituted and registered Company with the Registrar of Companies at Jallandhar vide Registration No. 0608245 dated 05.04.1988. Earlier the Complainant-Company was named known as ‘Himalyan Plastic Private Limited’ and later on it was converted into a ‘Limited Company’ under Sections 34 and 44 of the Companies Act, 1956 vide order of the Registrar of Companies dated 05.01.2001. As such, now it is known as ‘Himalyan Plastic Limited’. All the liabilities, rights, assets etc. of M/s Himalyan Plastic Private Limited have been taken over by M/s Himalyan Plastic Limited. The Complainant-Company has its registered office and works at Chambaghat, Tehsil, and District Solan H.P. Sh. Madan Sharma is the Managing Director of