JUDGMENT :

1. Present appeal has been filed by the appellant – State under Section 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 27.01.2005, passed in Criminal Case No. 2498 of 2000 by the learned 2nd Joint Judicial Magistrate First Class, Jamnagar, recording the acquittal.

2. The facts, in brief, are that complainant – Hansraj Jadavji Kanani, resident of Taluka: Falla, Dist.: Jamnagar lodged a complaint before the Court that the respondent No. 1 herein had borrowed Rs.1,50,000/- from him for business purpose and to repay the same, he issued a Cheque bearing No. 187953 dated 05.11.1999 drawn on The Commercial Coop. Bank Ltd., Patel Colony Branch, Jamnagar, which, the complainant presented in bank, but the same was returned by the bank with an endorsement “insufficient fund” and hence, the complainant issued a legal notice dated 17.11.1999 to the respondent No. 1 through his advocate by RPAD, however, since the respondent No. 1 did not repay the said amount, the complainant was constrained to file complaint before the Court of learned Judicial Magistrate First Class, Jamnagar under Section 138 of the Negotiable Instruments Act, 1881 (herein after