JUDGMENT :

1. This appeal is filed under Section 378 of the Code of Criminal Procedure challenging the judgment and order of acquittal dated 28.03.2023 passed by the learned Principal Senior Civil Judge & Additional Chief Judicial Magistrate, Palitana in Criminal Case No.3226 of 2021 by which, the criminal complaint came to be dismissed which was filed under Section 138 of the Negotiable Instruments Act.

2. The present appellant is the original complainant who has filed a private complaint before the learned Principal Senior Civil Judge & Additional Chief Judicial Magistrate, Palitana alleging that the complainant is doing the business of selling the construction material and the accused is the contractor and doing the business in the name and style of ‘Vivek Construction’. For the goods, which were purchased by the respondent – accused from the complainant, the cheque bearing no.184502 of the Bank of India for the amount of Rs.50,000/- was issued in favour of the complainant and on depositing the same, the cheque was dishonoured with an endorsement ‘insufficient fund’. Therefore, after following the procedure prescribed under the Act, the private complaint came to be filed before th