Prashant Kumar Agarwal, J.

By way of this appeal under Section 378(4) Cr.P.C., the complainant-appellant has challenged the judgment and order dated 16.8.2016 passed by the Chief Metropolitan Magistrate (Economic Offence), Jaipur Metropolitan, Jaipur in Criminal Case No.607/2016 whereby the learned trial Court by dismissing the complaint filed by the appellant acquitted the accused-respondent for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act"). The complaint was dismissed with a finding that the disputed cheques were to be encashed on the execution of the sale-deed and the sale-deed having not been executed. It was also found by the trial Court that no liability or debt was due unless sale-deed is being executed and the respondent has rebutted the presumption under Section 139 of the Act that the cheque was not issued in the discharge of any existing legal liability or debt.

2. In this appeal following two moot questions are involved to be decided by this Court:-

(1) Whether in the facts of the case the cheques in dispute cannot be said to have been issued for the discharge of any existing legally enforceable liabi