JUDGMENT :

1. This appeal is 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 16.09.2006, passed in Criminal Case No. 359 of 1999 by the learned Judicial Magistrate First Class, Unjha, recording the acquittal.

2. Nutshell facts are that appellant – original complainant – Bhumika Lease Finance Ltd. through its Assistant Manager – Jitendrakumar Amrutlal Brahmbhatt, lodged a complaint before the Court that the respondent No. 1 herein had borrowed Rs.45,000/- from the complainant company for development of his business. Since, the respondent No. 1 did not pay the instalments and on being approached by the complainant, he issued a Cheque bearing No. 0170486 dated 20.04.1999 drawn on Bank of Baroda, Ambaji Branch for Rs.2,30,000/-, which, the complainant presented in bank, but the same was returned by the bank with an endorsement “Fund Insufficient” and hence, the complainant issued a legal notice to the respondent No. 1 through advocate by RPAD, which the respondent No. 1 refused to accept, and accordingly, as the respondent No. 1 did not pay the said amount, the complainant w