(1.) Challenge is to the judgment and order dated 11.11.2005 delivered by the learned Judicial Magistrate First Class, Yavatmal, in Summary Complaint Case 835/2005, by and under which, the respondent 1 accused is acquitted of offence punishable under section 138 of Negotiable Instruments Act, 1881.
(2.) Heard Ms. Zeba Khanam, the learned counsel holding for Shri Firdos Mirza for the appellant. None appears for the respondent 1. Shri H.R. Dhumale, the learned Additional Public Prosecutor for the respondent 2/State.
(3.) The genesis of the prosecution is the statutory notice issued by the appellant to the respondent 1 which is at Exh. 34 in the record of the Trial Court.