JUDGMENT :

1. This Appeal is filed by the appellant under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 13.08.2015 passed by the learned 7th Judicial Magistrate, First Class, Kalol in Criminal Case No.2272 of 2014, acquitting the private respondent No. 2 – original accused from the offence punishable under sections 138 of Negotiable Instrument Act.

2. The brief facts of the prosecution case is that the respondent No. 2 came upfront before the appellant to sell his house and the deal was made for 4,00,000/- The appellant lend the below amount by cheques. 1st cheque was issued on 9/3/2013 for Rs. 80,000/- 2nd cheque was issued on 19/3/2013 for Rs. 80,000/- and 3rd cheque was issued on 26/7/2013 for Rs. 28,000/- and the rest of the amount of Rs.2,25,000/- was given in cash to hand by the appellant to the respondent No.2. In return the appellant asked to do the registered banakhat of the house of the respondent no 2, for which he denied and changed his mind for not selling his home and gave a cheque of Rs. 4,00,000/- to clear the debt.

2.1. The said cheque given by the respondent No.2 was presented in Bank of India by the appellant and the same was