JUDGMENT :

M.R. Shah, J.

Present application under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") for Leave to Appeal against the impugned judgment and order of acquittal dated 10.04.2012 passed by the learned Additional Chief Judicial Magistrate, Bhavnagar in Criminal Case No.4383 of 2000 by which the learned Additional Chief Judicial Magistrate, Bhavnagar has acquitted the respondent No.2 herein original accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act").

2. Facts leading to the present Criminal Miscellaneous Application for Leave to Appeal/Appeal in nutshell are as under:

2.1. That the applicant herein original complainant filed a criminal complaint against the respondent No.2 herein original accused in the Court of learned Chief Judicial Magistrate, Bhavnagar for the offence under Section 138 of the Neotiable Instruments Act for dishonour of cheque dated 24.06.1999 which was numbered as Criminal Case No.4383 of 2000. It was the case on behalf of the applicant original complainant that the cheque No.005622 issued by the original accused for an amount of Rs. 3 l