JUDGMENT

Manish Pitale, J. - By this appeal, the appellant has challenged the judgment and order dated 04.04.2009 passed by the Court of Judicial Magistrate First Class, Nagpur, in Criminal Complaint Case No.6135 of 2007, whereby respondent no.1/accused has been acquitted of the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, ''the aforesaid Act''). It was the case of the appellant/complainant that respondent no.1/accused had issued a cheque for specified amount in favour of the appellant for discharge of a legal debt and that since the cheque was dishonoured, offence under the said provision was committed for which respondent no.1/accused was liable to be punished.

2. The case of the complainant in brief was that, he was desirous of purchasing agricultural land admeasuring 120 acres, for which he along with one Ravindra Phadke entered into an agreement dated(Exhibit 18) with Ratan Khandare and Vijay Tripathi for a total consideration payable at the rate of Rs. 15,50,000/per hectare. It was further claimed by the appellant that he paid an amount of Rs. 5,21,000/to the said two persons and that thereafter he contacted respondent no.1 to help h