JUDGMENT :

S.M. MODAK, J.

1. The Court of 11th Jt. Judicial Magistrate First Class, Pune acquitted the respondent for the offence punishable under Section 138 of Negotiable Instruments Act vide judgment dated 23rd March, 2006 in Case No. 298 of 2003. The complaint was not filed in time and hence respondent was acquitted. It is the complainant who has preferred this Appeal. The parties will be referred in their original status.

2. The complainant sent first notice on 31st March, 2006 to two accused. Accused No. 1 is a firm and accused No. 2 is partner. It was sent by R.P.A.D. Acknowledgment was not received. Hence complainant posted the notice dated 31st March, 2006 again to accused No. 1 and accused No. 2 on 16th April, 2006 and on 21st April, 2006 respectively. As there was failure to pay by both the accused, the complaint was filed on 5th June, 2003. The complaint was filed by considering cause of action arisen on the basis of notice posted on second occasion. Trial Court observed that there was delay of four days in filing the complaint (Page 7). Trial Court calculated the peri