JUDGMENT :

The appellant - original complainant has filed this appeal under Section 378(4) of the Code of Criminal Procedure and challenged the impugned judgment and order of acquittal passed by learned Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Vadodara, on 14.5.2010 in Criminal Case No. 14285 of 2007 acquitting the respondent-accused for the offence under Section 138 of the Negotiable Instruments Act ("the Act" for short).

2. According to the appellant, respondent was his friend as both of them were serving in Indian Penal Code-L. On account of friendship, the respondent used to obtain hand loan from time to time from him and used to return the amount so obtained. The respondent was in need of finance and therefor contacted him on 18.10.2006 and demanded Rs. 2,55,000/- as hand loan. He, with a view to help the respondent, gave Rs. 2,55,000/- in cash on 18.10.2006 to the respondent who received the amount and gave assurance that he would repay the amount within six to seven months. The respondent gave cheque No. 023921 drawn on Panchmahal Vadodara Gramin Bank dated 8.5.2007 for Rs. 2,55,000/- and assured that the cheque would be cleared. The cheque was p