JUDGMENT :

1. This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ hereinafter) challenging the judgment and order of acquittal passed by the Special Court (Negotiable Instruments Act) Vadodara in Criminal Case No.379 of 2015 (Old Criminal Case No.2512 of 2012) dated 03.06.2023, whereby the respondent-accused was acquitted from the charge under Section 138 of the Negotiable Instruments Act, 1886.

2. The case of the complainant is that the respondent-accused is doing the business as a land broker. The land which is situated at survey No.50/2 having area 01 Hector 66 Are and 93 Square meters was the ownership of the complainant. As the complainant intended to sale the land, the complainant contacted the respondent-accused.

The respondent-accused had conveyed that if power of attorney would be executed in his favour then only he would help to the complainant for selling the land. Therefore, the power of attorney was executed on 03.08.2010 in favour of the respondent-accused. The respondent-accused had informed that as and when the buyer would be available he would call. Thereafter, the complainant was called by the respondent-accused at his office