JUDGMENT

S. M. Modak, J. - Heard learned Advocate Shri A. S. Khandeparkar for the Appellant-Complainant, learned Advocate Ms. Megha Bajoriya for the Respondent No.1 and learned APP Shri H. J. Dedhia for the Respondent No. 2-State.

2. Both these appeals are arising out of judgment of acquittal given by the Court of Metropolitan Magistrate 30th Court, Kurla, Mumbai on 30/08/2011. The complaint for the offence punishable under Section 138 of the Negotiable Instrument Act was filed by the Complainant as a Partner on behalf of the Firm. There was relationship of Financer and Developer in between the Appellant and the Respondent No. 1 (hereinafter they will be described as per their original status before the trial Court). The complainant have given loan of Rs. 1 Crore to the accused. They have entered into a Memorandum of Understanding on 09/05/2003. The complainant was given various options of re-payment.

3. The amount was advanced as accused wants to pay the consideration to owner of the property. Owner of the property situated at Bahadur S. K. Bole Marg, Dadar, Mumbai and owned by o