(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. CRIMINAL APPEAL NO. OF 2011 M/s. Chetan Arts, through Sau. Sobha Pandurang Patange, Age : 44 years, Occupation : Business, .. Appellant R/o. Topkhana, H.No. 590, (Original Ahmednagar, Dist. : Ahmednagar. complainant) versus 1. Shri Chintamai Agencies, through Shrikant Govind Kambale, Age : 40 years, Occupation : Business, R/o. 253, Bhavani Peth, Satara, Taluka & District : Satara 2. The State of Maharashtra, through Government Pleader, .. Respondents High Court of Bombay, (No.1 - Original Bench at Aurangabad. accused) ....................... Mr. Milind M. Joshi, Advocate, for the appellant. Mr. B.S. Kudale, Advocate, for respondent no.1. Smt. Y.M. Kshirsagar, Additional Public Prosecutor, for respondent no.2. (2) ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 8TH DECEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an appeal preferred by the appellant (original complainant) challenging the impugned judgment and order of acquittal dated 14-10-2005, rendered by the learned Ist Ad hoc Additional Sessions Judge, Ahmednagar, in Criminal Appeal No. 56 of 2004, thereby allowing the said appeal and acquitting the respondent no.1 herein i.e. original accused, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, as well as, setting aside the order of conviction dated 14-5-2004, rendered by the learned Judicial Magistrate (F.C.), Court No.1, Ahmednagar, in S.T.C. No. 111/2002. 3. Admit. 4. Learned Counsel, Mr. B.S. Kudale, waives service of notice for respondent no.1, after admission, and learned APP (3) Smt. Y.M. Kshirsagar, waives service of notice for respondent no. 2 / State, after admission. 5. The respondent no.1 herein i.e. original accused to furnish same bail, but to execute fresh bond before the trial court, within a period of four weeks from today. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/kapp-ka615