ORDER :

This Appeal is directed under Section 378 of the Criminal Procedure Code, at the instance of the original complainant against the judgment and order 22.11.2019 passed by the learned Judicial Magistrate First Class, Vaso in Criminal case no. 558 of 2017.

1.1 By the said judgment and order, the learned Magistrate has recorded acquittal of respondent no.2 for the alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The gist of the complaint is that the complainant and the original accused knew each other as the accused used to purchase tomatoes from the complainant. On 1.3.2016, the accused had purchased tomatoes worth Rs 1,23,400/- from the complainant for which he had issued cheque bearing no.006342, dated 20.4.2016 for the aforesaid amount drawn in ICICI Bank, Kheda Branch. It is the case of the complainant that the aforesaid cheque was given against the discharge of the legal dues. The said cheque was deposited by the complainant in the Bank Of India on 8.6.2016, however, the same was dishonored on the ground of funds insufficient. The aforesaid cheque was returned back by the concerned bank with memo of return with an endorsement of ‘funds