Heard Sri Shivanand V.Pattanshetti and Sri Avinash

A.Uplaonkar learned counsel for the parties.

2.

The present appeal is filed by the complainant

in C.C.No.1505/2011 who obtained an order of conviction

of the respondent herein for the offence punishable under

Section 138 of the Negotiable Instrument Act (for short,

'N.I.Act') and was entitled to a sum of `1,05,000/- as

compensation which was reversed and accused came to be

acquitted of in Crl.A.No.24/2013.

3.

Brief facts of the case are as under :-

A complaint under Section 200 of Cr.P.C came to be

filed by the appellant herein contending that accused has

committed an offence punishable under Section 138 of

N.I.Act and as the cheque issued by him towards his

obligation in repaying the consideration amount of

`2,20,000/-, two cheques came to be dishonored and

3

another cheque in a sum of `1,00,000/- came to be

dishonored for stop payment and he sought for action

against the accused.

4.

The complaint averments further reveal that

the notice issued by him regarding the dishonor of cheques

has been improperly replied and there was no compliance

to the callings of notice, he was constrained to file a

complaint before the learned Magistrate