JUDGMENT :

S.K. Palo, J.

1. Leave to appeal is allowed. As this M.Cr.C. is disposed of, office is directed to list this as Regular Criminal Appeal.

2. Heard the parties on the merits of the case finally.

3. The petitioner preferred this application for leave to appeal under Section 378(4) of the Cr.P.C., challenging the judgment dated 21.07.2015, passed in Cr.A.No.95/2015, whereby the accused/respondent has been acquitted from the charges under Section 138 of the Negotiable Instrument Act by setting aside the judgment of conviction by the learned JMFC, Raisen in Criminal Case No. 845/2007 decided on 27.04.2015.

4. Bereft of the unnecessary details, the facts of the case are that, the complainant/petitioner filed a criminal complaint case No.845/2007 against the respondent/accused under Section 138 of the Negotiable Instrument Act alleging that the respondent executed a cheque on 02.11.2006 for Rs.1,00,000/- of State Bank of Indore Branch, Raisen. The said amount was given to the accused/respondent. In lieu of which, the accused allegedly executed the Cheque No.2185043 in relation to A/c No.5301801303. The complainants brother Akhilendra and Ravindra sold a piece of land, therefore, this