- (1.)By way of present Revision Applications preferred under the provision of Sec. 397 of Code of Criminal Procedure, the applicants - original complainant challenges the order dtd. 6/7/2020 passed in Criminal Appeal No.27 of 2019 passed by learned Sessions Judge, Halol and restore the judgment of Criminal Case No.2138 of 2015 dtd. 19/9/2019 and order dtd. 6/7/2020 passed in Criminal Appeal No.26 of 2019 passed by learned Sessions Judge, Halol and restore the judgment of Criminal Case No.2139 of 2015 dtd. 19/9/2019, whereby, the private respondent was convicted for the offence punishable under Sec. 138 of the Negotiable Instrument Act (for short "the N.I.Act").
(2.)Brief facts leading to the present Revision Applications can be stated thus :-
2.1. The applicants are doing agricultural activity and both the applicants were farming land and as per family arrangement, they were doing agriculture activity on the said land. According to the applicants, respondent no.2 herein was in the business of buying and selling the land and wanted to buy applicants' land and made offer of Rs.21.00 lakhs to the present applicants. According to the applicants, respondent no.2 prepared all the documents and paid money in installment, but for final installment, respondent no.2 gave two cheques worth Rs.3.00 lakhs each in the name of the applicants. According to the applicants, both the cheques were issued by respondent no.2 on the date of sale deed which was registered on 1/6/2015. After receipt of cheques, sale deed was registered and executed before the Sub Registrar. Upon presentation of cheques, same were returned by the bank with remarks 'insufficient funds' and therefore, the applicants issued notice to respondent no.2 on 17/7/2015 and as respondent no.2 failed to honour the demand notice, criminal cases came to be filed before the competent Court under Sec. 138 of the Act.

(3.)The learned Trial Court convicted respondent no.2 and sentenced for one and half year simple imprisonment with fine of Rs.4,50,000.00 and ordered respondent no.2 to undergo six months more imprisonment, in case of default to pay fine. But, the learned Appeal Court reversed the judgment and order of learned Trial Court and therefore, present revisions.