Anuja Prabhudessai, J.

Heard learned Counsel for the appellant, Mr. Ramugade, learned APP for the respondent State.

2. This appeal is directed against the judgment dated and order dated 14.06.1999 in Criminal Case No. 13317 of 1994 whereby the learned Judicial Magistrate, First Class, Kolhapur has acquitted the respondent-accused for offence under Section 138 of the Negotiable Instrument Act.

3. With the assistance of learned Counsel for the applicant as well as learned APP, I have gone through the evidence on record.

4. The appellant herein was a complainant in Criminal Case No. 13317 of 1992 filed against the respondent No. 1 under Section 138 of the Negotiable Instrument Act. By the impugned judgment dated 14.06.1999, the learned Magistrate acquitted the accused for the offence punishable under Section 138 of the N.I. Act mainly on the ground that the appellant – complainant had not issued statutory notice as required under Section 138 of the N.I. Act.

5. Learned Counsel submits that Notice dated 13.05.1994 as envisaged under Section 138 of the N.I. Act was issued to the respondent No. 1 - accused and the same was duly received by one Amrutrao. He has further sated that dur