The present appeal has been filed by the appellant against the order of acquittal passed in S.T.C.No.100 of 2010 dated 21.01.2013 by the learned Judicial Magistrate, Tiruvarur under Section 138 of the Negotiable Instruments Act, 1881.

2. The case of the appellant/complainant is as follows:

(i) The complainant/appellant is a retired Revenue Divisional Officer, residing at Tiruvaur taluk. The respondent/accused is one of the Committee Members of the Viduthalai Siruthaigal Katchi at Nagapattinam and he is a distant relative of the appellant. The appellant informed the respondent that he wish to buy a house at Nagapattinam from his retirement benefits. Accordingly, the respondent, on 20.04.2009, approached the appellant and stated that instead of buying a house at Nagapattinam, he may buy a place consisting of 74665 sq.ft. at Nagapattinam E.C.R Road, which is owned by the South Indian Fishermen Federation. Since the respondent is a distant relative of the appellant, for purchase of the said land, they agreed to invest a sum of Rs.5,05,000/- each to execute a sale agreement. On believing the words of the respondent, on 20.04.2009, the appellant gave Rs.5,05,000/- by way of cash.