JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 31.03.2011, passed by learned Judicial Magistrate First Class, Court No. IV, Una, District Una, H.P., vide which the complaint filed by the appellant (complainant before the learned Trial Court) was dismissed and the respondent (accused before the learned Trial Court) was acquitted (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of IPC. It was asserted that the father of the complainant is suffering from paralysis. He sold his vehicle i.e. Tata Sumo bearing registration no. HP-20A-4196 to Surinder Singh for consideration of Rs. 2,10,000/- in April, 2005. Surinder Singh paid a sum of Rs. 70,000/- in cash and got his vehicle financed for Rs. 1,40,000/- with M/s Chadha Associates through its Proprietor Suddhir Nischal, the present accused. The accus