(1.) Heard learned Counsel Shri O.S. Harwani for the appellant, learned Counsel Shri A.J. Thakkar for respondent No.1 and learned Additional Public Prosecutor Shri T.A. Mirza for respondent No.2.
(2.) Admit. Heard finally by consent of the learned Counsel for the parties.
(3.) This appeal arises out of the order passed by the learned Judicial Magistrate First Class, Nagpur in Criminal Complaint Case No. 10677/2010 dismissing the complaint of the appellant and acquitting the accused/respondent No.1 of the offence punishable under Section 138 of the Negotiable Instruments Act. Section 256 of the Criminal Procedure Code runs as under :