1. The present appeal under Section 378(4) of the Code of Criminal Procedure, 1973 (‘the Code’ for short) has been preferred, challenging the judgment and order dated 06.08.2012, passed by the learned Judicial Magistrate, First Class, Court No.1, Vadodara, in Criminal Case No.4708 of 2009, whereby the complaint of the appellant (original complainant) under Section 138 of the Negotiable Instruments Act, 1881, has been dismissed for default and respondent-accused No.1, has been acquitted.

2. The brief facts of the complaint are that the appellant is a businessman from Vadodara and respondent No.1-accused is the wife of his friend. Because of cordial relations between the appellant and the husband of respondent No.1, an amount of Rs.5,00,000/-was borrowed by respondent No.1 from the appellant. Respondent No.1 issued a cheque dated 18.05.2009 for an amount of Rs.5,00,000/-, bearing No.090034, drawn on Indian Overseas Bank, Kalali Branch, Vadodara, against the amount borrowed by her with an assurance that it would be honoured as and when presented. The appellant presented the cheque to the Bank of Baroda, Laheripura Branch, New Road, Vadodara, on 20th June, 2009. The cheque came