JUDGMENT :

1. The present appeal has been preferred under section 378(4) of the Code of Criminal Procedure, 1973 (for short ‘Cr.PC’) by the appellant challenging the judgment and order passed by the learned 3rd Judicial Magistrate, Junagadh in Criminal Case No.1948 of 1999 passed on 13.10.2003 acquitting the accused for the offence under section 138 of the Negotiable Instruments Act (for short ‘N.I. Act).

2. The complainant’s case before the learned trial Court Judge was that the present private respondent had issued two cheques of Rs.50,000/- dated 03.04.1999 and 05.04.1999 bearing no.43340 and 45798 drawn on the account maintained by the private respondent in Veraval Mercantile Cooperative Bank Ltd., Junagadh Branch. The complainant deposited the cheque in her account maintained with the Junagadh District Cooperative Bank, and it is stated that on being sent for realization, the same were dishonoured because of insufficient fund. The complainant, therefore, issued a statutory notice, but it is stated that on receipt of the notice, the accused failed to pay, and neglected, to give any reply and therefore Criminal Case No.1948 of 1999 was filed.

3. Mr. R.A. Mishra learned advocate for