JUDGMENT :

1. This appeal is filed under section 378 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C.) by the appellant-original complainant, challenging the judgment and order passed by the Learned Additional Chief Judicial Magistrate Taluka Idar, District Sabarkantha dated 13-05- 2023, dismissing the complaint by exercising the power under section 256 of the Cr.P.C in special sitting (Lok Adalat).

2. It is the case of the complainant that, the complainant and the respondent-accused were friends and were having family relation, hence as the respondent-accused was in need of the financial assistance, therefore an amount of Rs.2,50,000/- was lent by the complainant to the respondent-accused. On making demand the cheque bearing No.161711 of ICICI bank for the amount of Rs.2,50,000/- dated 08-08-2018 was issued in favor of the complainant. At the time of issuing the cheque, an assurance was given that, on depositing the same, an amount will be credited in the account of the complainant.

3. On depositing the cheque, same was returned with an endorsement of ‘fund insufficient’, therefore the demand notice was issued to the respondent-accused on 31-08-2018 which was receiv