JUDGMENT :

M.K. THAKKER, J.

1. This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973, challenging the impugned judgment and order passed by learned 14th Addl. Chief Judicial Magistrate, Vadodara dated 3.4.2023 in Criminal Case No. 44159 of 2009 dismissing the complaint for non prosecution under Section 256 of the Code of Criminal Procedure, 1973.

2. It is the case of the complainant that complainant is the Co.Op. Society registered under the Gujarat Co.Op. Societies Act, 1961 and given the vehicle finance to the Respondent- accused of Rs. 32 Lacs on 10.7.1996. Due to non payment the loan amount, the Lavad Case was filed before the learned Board of Nominees being Lavad Case No. 268 of 2002, which was allowed in favour of the Bank vide an order dated 30th November, 2002. Towards the part payment of decreetal amount, cheque of Rs. 3 Lacs was issued in favour of the complainant on 23rd December, 2008 and on depositing the same, it was dishonored with an endorsement “insufficient fund.” After following the due procedure under the Negotiable Instruments Act, a private complaint came to be filed before learned Judicial Magistrate First Class, Vadodara being a Crimina