JUDGMENT

1. The instant appeal is under Section 378 of Cr.P.C. arising out of judgment dated 22.6.2015 passed by the JMFC, Gwalior, in Criminal Case No.5337/2011 (Criminal Complaint), whereby the case preferred by the present appellant as complainant under Section 138 of the Negotiable Instruments Act (for brevity 'the Act') has been dismissed and respondent/accused has been acquitted.

2. Vide order dated 1.3.2016 leave to appeal was granted and vide order dated 26.4.2016 matter was admitted for final hearing.

Thereafter matter is placed for hearing before this Court under the caption of 'Final Hearing Expedited Cases'.

3. Precisely stated facts of the case are that complainant/appellant (hereinafter referred to as 'the complainant') filed a case against the respondent (hereinafter referred to as 'the accused') under Section 138 of the Act and as per the allegations contained in the complaint, parties entered into an agreement dated 29.10.2010 (Ex.D/1) by which complainant intended to purchase a house owned by the accused, and therefore, advance money of Rs. ten lacs was paid to the accused. Due to some issues, agreement could not lead to execution of sale-deed and agreement aborted