JUDGMENT :

1. This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ referred hereinafter) challenging the impugned judgment and order of acquittal dated 15.07.2023 passed by the learned 6th Additional Chief Judicial Magistrate, Anand in Criminal Case No.4493 of 2021 under Section 256 of the Cr.P.C. whereby the respondent-accused came to be acquitted from the offence punishable under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I.Act’ referred hereinafter).

2. It is the case of the complainant that the complainant is having a petrol pump and the respondent-accused is the transporter and had come to fill up the diesel/petrol in the vehicle at the petrol pump of the complainant and in view of the payment of the aforesaid petrol/diesel, the cheque of Rs.9,01,915/- was issued in favour of the complainant with an assurance that on depositing the same it would be honored and the amount would be credited in the account of the complainant.

2.1. On the day when the impugned judgment and order was passed, it was observed by the learned trial Court that though the matter was called out, no one has remained present on behalf of the complainant