JUDGMENT :

1. Present appeal has been filed by the appellant – Maheshbhai Ambalal Patel (Original Complainant) (hereinafter referred to as the “Appellant”) under Section 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 17.2.2007, passed in Criminal Case No. 5292 of 2004 by the learned 3rd Additional Senior Civil Judge & Judicial Magistrate First Class, Anand recording the acquittal against Respondent No.2 – Prakash Manibhai Patel (Original Accused) for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The facts, in brief, are that the appellant has lodged a complaint before the Court that the respondent No. 2 herein had borrowed Rs.1,48,735/- from him since he was in need of money. That, respondent no. 2 had promised to repay the said amount within about 2 months. The respondent No. 2 gave a cheque being No. 980724 dated 18.8.2004 of Rs.1,48,735/- to the appellant and had assured that the said cheque would be honoured. That, the appellant had deposited the said cheque on 18.8.2004 and on the very same date the said cheque was returned as dishonoured on the ground of ‘insufficient funds’ and hence, the complainant issued