Vipin Sanghi, J.

1. The present appeal under Section 378 Cr PC is directed against the judgment dated 02.06.2009 passed by Sh. Manoj Kumar, ASJ, New Delhi in CC No.399/2009 titled as Acura Glass Tiles Enterprises v. S.S. Ray, whereby the appellants complaint under Section 138 of the Negotiable Instruments Act, 1881 (the Act) was dismissed, and the respondent/accused was acquitted.

2. The aforesaid complaint had been preferred by the appellant/complainant in respect of four cheques, details whereof are as follows:

(“Table”)

3. On the aspects not in dispute, and with regard to which no issue was raised or argued by either side, I do not consider it necessary to record the facts and the findings. The case of the complainant/appellant was that there were business transactions between the parties. This position is not disputed by the respondent. The parties entered into a settlement Exh.CW-1/A on 04.05.2006, which was executed on the letterhead of Sonifix Enterprises, which admittedly is a proprietary concern of the respondent. The same reads as follows:

"To

M/s Accura Glass Tiles Enterprises

Delhi.

This is to assure the discussion following are payment committed by me as under:

M/s