SHARAD VINAYAK BHAVE Vs. MANOJ TRYAMBAKRAO WANKHEDE

JUDGEMENT

(1.) HEARD Advocate appearing for the applicant. The applicant is the com-plainant in a complaint filed under section 138 of the Negotiable Instruments Act, 1881. The complaint is based on a cheque dated 30th January, 1999 issued by the first re-spondent in favour of the complainant. The said cheque was dishonoured and therefore, the said complaint came to be filed.

(2.) THE case of the applicant - complain-ant is that first respondent agreed to sale a flat in his favour for consideration of Rs. 2,25,ooo/ -. According to the case of the ap-plicant, he paid a sum of Rs. 1,85,ooo/- to the respondent. According to the case of the applicant, the first respondent sold the same , flat to a third party prior to the execution of agreement with the applicant. According to the case of the applicant, the first respond-ent agreed to pay a sum of Rs. 4,00,500/- to the applicant against payment of a sum of rs. 1,85,000/- which is paid by the appli-cant. The first respondent issued a cheque in the sum of Rs. 1,25,000/- on 30th Janu-ary, 1999 which was dishonoured.

(3.) IN the impugned Judgment and Order, the learned trial Judge has noted the admit-ted position that the applicant proceeded against the first respondent in Consumer forum by filing a complaint. The said com-plaint was decided on 31st March, 2002. As per the directions given by the Consumer forum, the first respondent has paid Rs. 1,85,ooo/ - to the applicant by way of refund and a sum of Rs. 1,00,000/- as compensa-tion. Admittedly, the applicant has received a sum of Rs. 2,85,000/ -.