JUDGMENT :

1. Present appeal has been filed by the appellant – original complainant under the provisions of Section 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 19.10.2016, passed in Criminal Case No. 1655 of 2013 by the learned Additional Chief Judicial Magistrate, Kalol, recording the acquittal.

2. The facts, in brief, are that appellant – original complainant – Brahmbhatt Kalicharan Babubhai, lodged a complaint before the Court that the respondent No. 2 herein had borrowed Rs.1,80,000/- from him for personal use and assured to repay in six months and for the same, he issued a Cheque bearing No. 956834 dated 15.03.2013 drawn on Indian Overseas Bank, Kalol Branch, 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 25.03.2013 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 competent Court at Kalol under Section 138 of the Negotiable Instruments Act, 1881 (herein after referred to as “the NI