Oral Judgment:

1. Heard learned counsel for appellant. Mr Mahesh Rai, learned counsel appearing for respondent on delay condonation application is also present before the Court. Even though he is personally present before the Court, he is insisting on the Court to issue notice to respondent and regrets his inability to argue the matter. Since the controversy is in narrow campass and legal position is settled on the issue involved, notice to respondent is dispensed with.

2. Leave to appeal granted. Admit. R & P dispensed with. Matter is taken up forthwith

for final disposal. Heard learned counsel for appellant.

3. When the criminal complaint case filed by appellant under Section 138 of the Negotiable Instruments Act was fixed for evidence on 6.2.2009, complainant was absent and, therefore, learned 4th Judicial Magistrate, FC, Amravati dismissed the complaint and acquitted respondent/accused.

4. Learned counsel for appellant submits that appellant advanced substantial amount by way of hand loan to accused out of the amount of consideration received by appellant after sale of his house in 1999. He submits that respondent who is close relation of appellant had issued chequ