JUDGMENT

Amit Sharma, J. - The present appeal under section 378(4) of Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred by the appellant assailing the judgment of acquittal dated 05.04.2016 in CC No.789/2015 passed by the learned ACMM-Shahdara District, Karkardooma Courts, Delhi whereby the respondent herein was acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1988 ('NI Act').

Background

2. Briefly stated the facts of the present case, as alleged in the complaint, are as follows:-

i. The appellant and the respondent were already acquainted before the complaint was filed. The respondent used to run a business in property dealing and selling plots in Delhi and Ghaziabad. In the first week of June 2007, the appellant contacted the respondent for the purchase of a plot. A deal was entered into between the parties for the purchase of a plot of land for a sum of Rs. 2,07,500/-.

ii. It is the case of the appellant that he had made payment of the abovementioned amount to the respondent 'all in cash' on three different occasions, i.e., Rs. 1 lakh on 07.06.2007, Rs. 50,000/-on 25.06.2007, Rs. 57,500/- on 07.07.2007. However, after these payme