JUDGMENT :

S.M. MODAK, J.

1. Heard learned Advocate for the Appellant, learned Advocate for Respondent No. 1 and learned APP for Respondent No. 2-State.

2. The Court of Metropolitan Magistrate, 33rd Court, Kurla, Mumbai as per the common judgment convicted Respondent No. 1-accused for the offence punishable under section 138 of the Negotiable Instruments Act. It is in respect of two different cheques, one cheque is for Rs.2,00,000/- and another is for Rs.1,00,000/-. Respondent No. 1 is sentenced to suffer simple imprisonment for one year and to pay fine of Rs.3,50,000/-. Rs.3,40,000/- was to be paid to the Appellant-complainant. However, when Respondent No. 1-accused preferred two separate Appeals, the Additional Sessions Judge, Bombay set aside those conviction vide judgment dated 6th February 2006 (Appeal No. 672 of 2006 and 673 of 2006). The correctness of this common judgment is challenged by way of these two Appeals by the original complainant. The parties will be referred to by their original status.

3. I have heard learned Advocate Shri Ashok Gade for the Appellant-complainant and learned Advocate Shri Makrand Bakore for Respondent No. 1-accused and learned APP Shri Dedhia for t