1. This appeal is filed challenging the judgment and order of acquittal passed by the learned Judicial Magistrate, First Class, Court No.2, Akola, dt.17.11.2008 in Summary Criminal Case No.87 of 2005 whereby the respondent/accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The learned Advocate for the appellant (Original Complainant) submitted that the accused used to purchase goods on credit from the proprietary firm of the Complainant and in discharge of liability of the goods purchased on credit, the accused had issued a cheque bearing No.146912 drawn on Abhinandan Cooperative Bank Ltd., Amravati Branch, Amravati for a sum of Rs.37,826/-. The cheque appears at Exh.35, dt.17.11.2004. According to the appellant, the cheque was dishonored on 19.11.2004 with remarks “payment stopped by the drawer” Memo (Exh.36) was received from the collecting Banker. Thereafter, notice dt.26.11.2004 was sent to respondent/accused demanding the sum of Rs.37,826/-in respect of the dishonuored cheque informing the accused that if payment is not made, complaint u/s.138 of the Negotiable Instruments Act will be filed. It is not in dispute th