(1.) The appellant has challenged the Judgment and Order acquitting the respondent for the charge under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the Act" for short] on a trial held by the XX Addl. Chief Metropolitan Magistrate, Bangalore. The facts relevant for the purpose of this appeal are as under:
(2.) I have heard Sri. Udaya Holla, learned Senior Counsel for the appellant and Sri. C.V. Nagesh, learned Senior Counsel for the respondents.
(3.) The point that arises for my consideration is;