The challenge in this Appeal is to the Judgment and Order dated 22 August 2006 passed by the learned Metropolitan Magistrate, 6th Court, Mazgaon, Mumbai, in CC No.2133/SS/2005, whereby the accused/ respondents No.1 and 2 came to be acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’).

2. The facts of the case are rather peculiar. The accused/ respondents No.1 and 2 are acquitted on the ground that the affidavit in lieu of examination-in-chief was neither verified nor sworn before the Commissioner of Oath or the Court as contemplated under Section 297 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’).

3. On 11 March 2005, the appellant filed a criminal complaint bearing No.2133/SS/2005 under Sections 138 read with 141 of the NI Act for dishonour of cheques bearing Nos.972122, 972135, and 972144 for a total sum of Rs.8,00,000/-. The learned Magistrate took cognisance of the offence and summoned the accused, and on their appearance, the particulars of the offence were read over and explained to them. The accused abjured their guilt and claimed trial.

4. During the trial, the complainant/ appellan