V.K.JAIN, J. (Oral)
The appellant before this Court filed a complaint under Section 138 of the Negotiable Instruments Act (for short `N.I. Act) against the respondent on the allegations that she and her husband had taken a friendly loan of Rs.2,25,000/- from him and the respondent had issued three cheques for a total sum of Rs.2,25,000/- towards re-payment of the aforesaid friendly loan which, when presented to the bank were dishonoured for want of funds and the respondent failed to make payment even after service of legal notice upon her. Vide impugned Crl. Appeal No.1136/2010 Page 1 of 6 judgment dated 27.1.2010, the learned Metropolitan Magistrate acquitted the respondent. Being aggrieved, the complainant has filed this appeal.
2. Vide order dated 21.9.2010, my learned predecessor held that the respondent had committed offence punishable under Section 138 of the N.I. Act and, therefore, set aside the impugned judgment. The matter was listed for hearing the respondent on the quantum of sentence on 22.9.2010. Thereafter, the parties to the appeal compromised the