(1.) This appeal, preferred under Section 378 (4) of Code of Criminal Procedure 1973 (for short Cr.P.C.), is directed against judgment and order dated 15.07.2006, passed by 1st Additional Civil Judge (Junior Division)/Judicial Magistrate, Udham Singh Nagar, in Criminal Complaint Case No. 723 of 2006, whereby said court has acquitted the accused/respondent No.2 Shivender Bahadur Singh from the charge of offence punishable under Section 138 of Negotiable Instruments Act, 1881.
(2.) Leave was granted by this Court on 04.08.2009, and lower court record was summoned. The accused was served with the notice.
(3.) Heard learned counsel for the parties on appeal and perused the lower court record.