JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

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 14.02.2012, passed in Criminal Case No. 311 of 2009 by the learned Judicial Magistrate First Class, Visnagar, recording the acquittal.

2. Facts, in brief, are that complainant-Nayak Amrutbhai Dalsukhram lodged a complaint before the Court that the complainant and the respondent No. 2 both were serving in the Visnagar S.T. Depot and working together. That, on account of urgent requirement arose to the respondent No. 2 for Rs.1 lakh for some social purpose, he demanded such an amount from the complainant and accordingly, the complainant lent him Rs.1 lakh for a period of two months. Thereafter, since the respondent No. 2 did not repay the said amount, the complainant made repeated attempts and at last, the respondent No. 2 issued a cheque bearing No. 1232605 dated 25.09.2008, drawn on the State Bank of Saurashtra, Visnagar Branch for Rs.1 lakh and had assured to the complainant that he would get back his money by depositing the cheque in the bank, however, when on 25.02.2009 t