Mahesh Chandra Sharma, J. - (1.) This appeal has been filed by the appellant against the judgment dated 22.3.2010 passed by Special Judicial Magistrate (N.I. Act) cases, No.1, Jaipur City, Jaipur in Cr. Case No. 760/2009 (517/2007), whereby the accused respondent has been acquitted from the offence under Section 138 of N.I Act.
(2.) Brief facts of the case are as under:- "Complainant appellant filed a complaint against the respondent for the offence under Section 138 of NI Act. The trial court took cognizance against the accused respondent for the offence under Section 138 of N.I. Act and summoned the accused respondent. The substance of the accusation was stated to him, to which he pleaded not guilty and claimed for trial. Thereafter the complainant examined himself as PW-1 and exhibited some documents. Thereafter the statement of accused respondent were recorded under Section 313 Cr.PC. The accused appeared before the Court below as DW-1 and after hearing both the sides, the learned trial court vide his judgment dated 22.3.2010 acquitted the accused respondent. Hence, against the judgment dated 22.3.2010, this appeal was preferred by the complainant appellant."
(3.) Learned counsel for the appellant has contended that the impugned judgment dated 22.3.2010 passed by the court below is patently illegal, improper, unjust and not sustainable being contrary to the facts of the case and the material available on record. He has further contended that the court below has committed a great mistake of law in acquitting the accused respondent ignoring the admission of the accused respondent in his own statement as to signature on Ex.-P-11, the written confirmation of accused respondent regarding his liability and issuance of cheque to appellant, therefore, the judgment dated 22.3.2010 deserves to be quashed and set aside.;