H. R. Panwar, J.—By the instant leave to appeal, appellant-complainant has challenged the impugned Judgment dated 27.8.2002 passed by the learned Additional Sessions Judge No.3, Udaipur {for short, “the lower Appellate Court”), by which the appeal filed by respondent-accused has been allowed and he has been acquitted of the offence under Section 138 of the Negotiable Instruments Act {for short, “the Act”) reversing the Judgment of conviction and sentence dated 31.1.2002 passed by the learned Additional Chief Judicial Magistrate No.2, Udaipur {for short, “the Trial Court”).

2. The facts of the case, relevant and necessary for disposal of this leave to appeal, are that in pursuance to the agreement Ex.D/1 on record to Trial Court, the appellant-complainant (sic) of marble cutting work for the accused-respondent and in lieu thereof, the accused-respondent issued two cheques dated 3.10.1999 and 3.11.1999 for a sum of Rs. 1,15,000/- and 50,000/-, respectively. In the presentation, the bank dishonoured those cheques. However, on 15.1.2000, the accused-respondent gave a sum of Rs. 45,000/- in cash to the appellant complainant and for rest amount, two cheques for Rs. 60,000/- each w