I have heard Mr Ketan Dabake, the learned Counsel for the appellant; Ms Aishwarya Sharma, the learned Counsel appearing on behalf of respondent No.1; and Mr RM Pethe, learned Additional Public Prosecutor for respondent/State.

2. The legality, propriety and correctness of the Judgment and Order dated 03.08.2006, passed by the learned Metropolitan Magistrate, 50th Court, Vikhroli, Mumbai, in C.C. No. 1489/SS/2005 whereby the respondent No.1/accused came to be acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1981 (for short ‘the NI Act’), is assailed in this Appeal.

3. The appellant (original complainant) has stated that it is a Public Limited Company that is engaged in the business of finance, and during the course of its regular business, it granted a loan of Rs. 30,000/- to the respondent No.1 (original Accused). In furtherance of the same, it stated that the accused executed a pro-note and a receipt towards having received the money.

4. For the payment of the loan amount, respondent no.1 issued a cheque bearing No.666148 dated 02.09.1998 for Rs.30,000/- drawn on Abhyudaya Co-op. Bank Ltd., Mumbra Branch, in favour of the complainant.