1. The present appeal is directed against the judgment and order dated 29.10.2012, passed by the learned 9th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Jamnagar (hereinafter referred to as the “Trial Court”), in Criminal Case No.2100 of 2012, whereby, the complaint of the appellant (original complainant) under Section 138 of the Negotiable Instruments Act, 1881 (“the Act” for short), has been dismissed in exercise of power under Section 256 of the Code of Criminal Procedure, 1973 (“the Code” for short), resulting in the acquittal of respondent No.2 – original accused.

2. The brief facts of the case as emerging from the record are that, the appellant and respondent No.2 were known to each other. As per the version in the complaint, respondent No.2 required money for business purposes and borrowed an amount of Rs.2 lakhs from the appellant. Respondent No.2 gave an Account Payee Cheque No.416537 dated 01.02.2012 of the Commercial Cooperative Bank Limited to the appellant towards this debt. This cheque was dishonoured by the Bank on 14.12.2012, on the ground of “insufficient funds”. The appellant issued a notice to respondent No.2 on 21.02.2012, by