JUDGMENT :

1. Present appeal has been filed by the appellant – original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 31.07.2004, passed in Criminal Case No. 273 of 1999 by the learned Judicial Magistrate First Class, Idar, recording the acquittal.

2. The facts, in brief, are that complainant – Jagdishkumar Kantilal Soni, resident of Taluka: Idar, lodged a complaint before the Court that the respondent No. 2 herein had borrowed Rs.31,000/- from him and to repay the same, he issued a Cheque bearing No. 407131 dated 10.09.1998 drawn on The Sabarkantha District Central Coop. Bank Ltd., Badoli, 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 04.02.1999 to the respondent No. 2 through his advocate by RPAD, however, since the respondent No. 2 did not repay the said amount, the complainant was constrained to file complaint before the Court of learned Judicial Magistrate First Class, Idar under Section 138 of the Negotiable Instruments Act, 1881 (herein after referred to as “the NI Act”).

2.1 Upon suc