VIJAY BISHNOI,J. - (1.) This criminal leave to appeal has been preferred by the appellant being aggrieved with the judgment dated 11.08.2009 passed by the Additional Chief Judicial Magistrate No.3, Bikaner (hereinafter referred to as 'the trial court') in Criminal Case No.751/2005, whereby the trial court has acquitted the accused respondent for the offence punishable under Section 138 of Negotiable Instrument Act (hereinafter referred to as 'the NI Act') .
(2.) Brief facts of the case are that the appellant filed a complaint before the trial court with the allegation that on his asking the respondent got sold his agriculture land and out of the total consideration amount he kept Rs.88,000/- with him and assured him that the same money is a loan, which he will pay within some time. It is further alleged that after some time when the appellant demanded money from the respondent, he gave him a cheque of Rs.88,000/- and when the appellant presented the said cheque for encashment in the concerned bank, the same was returned with the remarks that "fund insufficient". It is further alleged that thereafter, the appellant sent a notice to the respondent, which was received by him on 30.06.2015 but despite that he had not returned the loan amount and ultimately refused to repay the same.
(3.) On the basis of the aforesaid complaint, the trial court took cognizance and framed charges against the accused respondent for the offence punishable under Section 138 of NI Act.;