JUDGMENT :

M.K. THAKKER, J.

1. This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ referred hereinafter) challenging the judgment and order passed by the learned Judicial Magistrate First Class, Limbdi in Criminal Case No. 607 of 2013 dated 12.03.2022 acquitting the respondent-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I. Act’ referred hereinafter) by exercising the power under Section 256 of the Cr.P.C.

2. It is the case of the complainant that the complainant had approached the respondent-accused for getting the job at B.P. Khushwah Education Trust, Hathijan, Ahmedabad and on demand raised by the respondent-accused, the amount of Rs. 3 Lakh was given to the respondent-accused to get the job. As the job was given only on probation basis, the amount which was paid was demanded back. To repay the amount, the cheque bearing No. 516118 of IndusInd Bank dated 31.08.2013 for the amount of Rs. 3 Lakh was issued in favour of the complainant. On depositing the same, it was returned with an endorsement of ‘Drawer’s signature differ’ and therefore, on following the due procedure prescribed under