Mr. Prashant Kumar Agarwal, J.

1. The complainant-appellant has filed this appeal under Section 378 Cr.P.C. against the judgment and order dated 28.11.2013 passed by the Additional Sessions Judge No.3, Jaipur Metropolitan, Jaipur in Criminal Appeal No.15/2013 whereby the learned appellate Court allowed the appeal filed by the accused-respondent under Section 374 Cr.P.C. and by setting aside the judgment and order dated 5.10.2012 passed by the Metropolitan Magistrate No.30, Jaipur Metropolitan, Jaipur in Criminal Case No.61/2009 acquitted the respondent for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as “the Act”). Learned trial Court after convicting the respondent-accused for aforesaid offence sentenced him to undergo simple imprisonment for two years and to pay a fine of Rs. three lacs and in default thereof to further serve simple imprisonment for one month. It was further ordered that out of Rs. three lacs to be paid as fine, an amount of Rs.2,90,000/- would be paid to the complainant-appellant as compensation and the remaining amount of Rs.10,000/- be deposited in the exchequer. It is further to be noted that in appeal an