V.R. Kingaonkar, J —Challenge in this revision petition is to judgment dated 19.6.06 rendered by learned 1st ad hoc Additional Sessions Judge, Dhule, in Criminal Revision Application No. 61/2006 whereby and whereunder process issued against respondent Nos. 1 and 2 for offence punishable under Section138 of Negotiable Instruments Act vide order dated 20.8.2005 by learned Judicial Magistrate (F.C). Dondaicha, came to be quashed.

2. The petitioner is a Co-operative Bank. An amount of Rs.15,00,000 was borrowed for and on behalf of M/s New Sheetal Traders. The petitioner Bank filed a private complaint case (S.T.C. No. 311/2005) in the Court of Judicial Magistrate (F.C) at Dondaicha against M/s New Sheetal Traders, Sheetal Ramesh Jain and the respondent Nos.1 and 2. There is no dispute about the fact that original accused No.2 Sheetal is the son of respondent Nos. 1 and 2. The petitioner asserted that M/s. New Sheetal Traders is a firm of Undivided Hindu Family (UHF) of the respondent Nos. 1 and 2 and their son. All the three (3) members of the undivided Hindu family are the members of the Co-operative Bank. They gave post dated cheques of Rs.15,00,000 each on 22.2.2005. One of