JUDGMENT :

1. Present appeal has been filed by the appellant – original complainant challenging the judgment and order dated 03.01.2005, passed in Criminal Appeal No. 8 of 2004 by the learned Additional Sessions Judge, 6th Fast Track Court, Banaskantha @ Palanpur, recording the acquittal. The said appeal was filed against the judgment and order dated 01.04.2004 passed in Criminal Case No. 6263 of 1998 filed under the provisions of Section 138 of the Negotiable Instruments Act, 1881 (NI Act), by the learned 4th Joint Civil Judge (Senior Division) and Judicial Magistrate First Class, Palanpur, whereby, the learned Magistrate had convicted the respondent – accused.

2. Facts in nutshell are that complainant – Bhagvandas Gangarambhai, original accused Pradipkumar Hargovindbhai Patel and others jointly decided to purchase a land belonged to Jain Mahajan Trust, Palanpur. In the said land, the complainant had 30% share i.e. 22710 sq. mtrs. of land, which the accused decided to purchase from the complainant and an agreement, Exh. 29 to that effect was also entered into between them on 10.11.1997 for a sale consideration of Rs.5,70,620/-. Out of the said amount, the respondent - accused paid R