JUDGMENT :

K. R. Shriram, J.

This is an appeal impugning an order and judgment dated 21st November 2001 passed by the Judicial Magistrate First Class, First Court, Kalyan, acquitting respondent no.1 of offences punishable under Section 138 (Dishonour of cheque for insufficiency, etc., of funds in the account) of the Negotiable Instruments Act, 1881 (the said Act).

2. It is appellant's case that appellant and respondent no.1 had business relations. Complainant states that accused was liable to pay to complainant some amount of money on account of several transactions and after taking accounts, accused agreed to pay to complainant a sum of Rs.32 lakhs. Complainant states that accused issued a cheque for Rs.32 lakhs bearing no.522850 dated 3rd May 1999 drawn on Abhudaya Co-operative Bank Limited, Vashi branch. This cheque, when deposited, came to be dishonoured with the endorsement "refer to drawer". Appellant issued a notice dated 11th September 1999 through his advocate as required under Section 138 of the said Act. Despite receipt of notice, the amount was not paid and hence the complaint came to be filed. Respondent denied liability and claimed to be tried. Respondent came with a def