JUDGMENT

1. Present appeal has been preferred by appellant- complainant [wrongly mentioned under Section 378(5) of CrPC in place of Section 378(4) of CrPC, as vide order dated 15/03/2021 passed by a Coordinate Bench of this Court in MCRC No.1532 of 2016, it was directed that an application for leave to appeal is not required to be registered and directly Criminal Appeal can be registered], challenging the judgment of acquittal dated 12/01/2016 passed by the Court of JMFC, Shivpuri (MP) in Criminal Case No.2280 of 2015, by which the respondent- accused has been acquitted of the charge under Section 138 of the Negotiable Instruments Act ( in short '' the NI Act'')

2. Brief facts of the case, in short, are that respondent- accused is running a business of contract and he used to borrow cement and other materials from the shop of complainant -appellant (Firm). On account of this, both respondent and appellant were in good terms in regard to business transaction. On 29/07/2015, accused had taken some bags of JP cement worth Rs.50,000/-vide bill no.51 from the complainant- Firm and issued an account payee cheque no.096950, dated 02/08/2015 of Axis Bank, Branch Shivpuri in favour of Shri G