Judgment

Mr. Anil Kshetarpal, J. (Oral):- This appeal has been filed against the judgment of acquittal passed by the learned Judicial Magistrate Ist Class while dismissing complaint under Section 138 of the Negotiable Instruments Act, 1881.

2. Complainant-appellant filed complaint with the averments that he agreed to sell immovable property to the respondent by an oral agreement. Sale deed was to be executed on 13.01.2005 for a total sale consideration of Rs.5,00,000/-. It is claimed by the complainant-appellant that Rs.3,00,000/- was paid in cash, whereas a cheque for Rs.2,00,000/- was issued.

3. Learned Judicial Magistrate on appreciation of evidence has found that Ex.C6, sale deed executed by the appellant does not refer to any payment by cheque. It has been recorded therein that the entire amount has been paid. The endorsement before the Sub-Registrar is also to the same effect. The court has also noticed that the cheque in question was initially self/bearer cheque but it is claimed that the same was endorsed in favour of the appellant subsequently. Once, in the sale deed (registered) there is no reference to the payment of part of sale consideration through cheque, therefore,