Smt. Anuja Prabhudessai, J.—This appeal is filed against the judgment dated 31st March, 1998 passed in S.C.C. No.181 of 1997 whereby the learned Judicial Magistrate, First Class, Pune, acquitted Respondent No.1 of the offence punishable under section 138 of the Negotiable Instruments Act.

2. The case of the Appellant /complainant was that Respondent No.1 had issued to him two cheques for Rs.29 lakhs each dated 15th September, 1996, towards discharge of monetary liability of goods purchased from him. Said two cheques were dishonoured. It was alleged by the Appellant-complainant that he had issued the statutory notice and that since the said notice had not returned it was deemed to have been served on Respondent No.1accused. The Appellant complainant claimed that the Respondent No.1accused had not paid the cheque amount hence, he initiated proceedings under section 138 of the Negotiable Instruments Act.

3. The Respondent No.1accused had pleaded not guilty and claimed to be tried. Upon considering the evidence adduced by the Appellant-complainant and the submissions advanced by the respective counsel for the Applicant-complainant and the Respondent No.1accused, the lea