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. 106/3 of 2004, dated 30.03.2010, 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 a duly incorporated and registered Company under the Indian Companies Act, 1956 having its registered office at Chambaghat, Tehsil and District Solan, H.P. 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 31/44 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