J U D G M E N T

In this appeal filed under Section 378 of Cr.P.C., complainant is before this Court challenging the acquittal of the accused for the offence punishable under Section

138 of the N.I.Act.

2. For the sake of convenience the parties are referred to by their rank before the trial Court.

3. It is the case of the complainant that accused No.1 is a company registered under the Companies Act. Accused No.2 is the Chairman and Managing Director and accused No.3 is the Director of accused No.1-Company and they are responsible for the day to day activities and affairs of it. Accused are involved in business of real estate for the past four years as per the information given by them and they are doing extremely good work and earned good will within a short period.

3.1 Being impressed by such representation made by the accused, on 01.02.2014, complainant invested a sum of Rs.1 Crore with accused No.1-Company on an assurance of a return of 18% p.a. on the principal amount. A memorandum of understanding, evidencing in the transaction was executed by accused No.1 in favour of complainant on 01.02.2014. As per the same, accused promised payment of Rs.1,00,000/- per month and Rs.3,00,000/-