( 1 ) THE appellant, i. e. the original complainant has preferred this appeal under section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 12/11/2003 passed by learned 4th JMFC, Navrangpura, Ahmadabad (Rural) in Criminal Case No. 564 of 2001, acquitting the present Respondent no. 2 / original accused of the charges under section 138 of Negotiable instrument Act (hereinafter referred to as the act ). This Court granted leave vide order dated 7/5/2004.

( 2 ) THE case of the complainant could be summarised as under:"the complainant and accused were friends and know each other since long. The complainant was in the construction business at Ahmedabad. The complainant developed 900 sq. meter land in Ahmadabad City, Taluka Ghatlodiya and constructed 8 Row Houses. The Row House No. G/183 was sold to the accused for consideration of Rs. 13,61,000=00. As per the understanding between the complainant and accused the payment of consideration i. e. Rs. 13,61,000=00 was to be made by the accused and the papers like allotment letter, share certificate, receipt etc. were to be issued in the name of one Devendra Chandulal Bhavsar. According to that understanding betw

Click Here to Read the rest of this document