JUDGMENT :

This appeal has been preferred against the impugned judgment and order of acquittal dated 05.10.2018 passed by Learned Additional Civil Judge (Senior Division) Court No. 3, Ghaziabad in Criminal Complaint Case No. 341 of 2017 (Rajpal Vs. Yograj), under Section 138 Negotiable Instrument Act, Police Station-Muradnagar, District-Ghaziabad by which respondent no. 2 Yograj Singh was acquitted under Section 256 Cr.P.C.

2. The brief facts giving rise to this appeal are that a complaint case was filed by appellant against respondent no. 2 Yograj Singh under Section 138 N.I. Act with the averments that accused Yograj received Rs. 14 lacs from the complainant in connection with his business and gave a cheque of Rs. 14 lacs dated 06.09.2014 for payment of amount taken from the complainant. Cheque was deposited in bank but it was dishonored. When complainant/appellant contacted the accused, he started making excuses and finally payment was not made to the complainant. Hence, he filed complaint case under Section 138 N.I. Act.

3. During the course of trial appellant/complainant Raj Pal remained absent and due to his absence, learned trial court acquitted the respondent no. 2/accused und