1. The present appeal has been preferred by the original complainant against the judgment and order dated 8th July, 1999 in Case No. 103/S/1993 passed by the learned Additional Chief Metropolitan Magistrate, IV Court, Girgaum, Mumbai thereby allowing the application filed by respondent Nos. 1 to 3/original accused Nos. 1 to 3 for dismissal of the complaint under section 138 of the Negotiable Instruments Act and for their acquittal.

2. As the complainant and his counsel remained absent, Mr. Yashpal Thakur, the learned counsel pleaded the case of the complainant as Amicus Curiae.

3. I have heard the learned counsel Mr. Thakur, Mr. Millwala, the learned counsel for respondent Nos.1 to 3 and the learned APP for the respondent State.

4. I have gone through the impugned judgment and order passed by the learned Additional Chief Metropolitan Magistrate and perused the record of the case.

5. Brief facts of the case are that in all five cheques were issued by accused in favour of the complainant, including three cheques which are subject matter of the present case i.e. cheques dated 30th December, 2012 for Rs.3,30,000/-, 30th January, 1993 for Rs.2,50,000/- and 28th February, 1993 for