(1.) Heard Advocate appearing for the applicant. The applicant is the complainant 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 respondent 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 -complainant is that respondent agreed to sell a flat in his favour for consideration of rs. 2,25,000/ -. According to the case of the applicant, he paid a sum of Rs. 1,85,000/- 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 respondent 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 applicant. The first respondent issued a cheque in the sum of rs. 1,25,000/- on 30th January, 1999 which was dishonoured.
(3.) In the impugned Judgment and order, the learned trial Judge has noted the admitted position that the applicant proceeded against the first respondent in Consumer Forum by filing a complaint. The said complaint was decided on 31st March, 2002. As per the directions given by the Consumer Forum, the first respondent has paid Rs. 1,85,000/- to the applicant by way of refund and a sum of rs. 1,00,000/- compensation. Admittedly, the applicant has received a sum of Rs. 2,85,000/-