JUDGMENT :

Harsha Devani, J.

This appeal under section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") at the instance of the original complainant is directed against the judgment and order of acquittal dated 7th February, 2005 passed by the learned Second Judicial Magistrate First Class, Himmatnagar, Sabarkantha in Criminal Case No.380 of 1998 whereby the respondents No.2 and 3 have been acquitted for the offence under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act").

2. The appellant - complainant lodged a complaint in the Court of the learned Chief Judicial Magistrate, Himmatnagar, alleging that the complainant is engaged, inter alia, in the business of cheque discounting. The accused No.1 is carrying on the business as Proprietor of Riddhi Graphics, Himmatnagar, at Somabhai Chambers and the accused No.2 is the father of the accused No.1. The accused No.1 needed funds for his personal work and had opened his account with the complainant - partnership firm and the accused No.2 had stood as a guarantor for a sum of Rs.15,00,000/- (rupees fifteen lacs) and accordingly, the accused No.1 had obtained l