JUDGMENT :

1. This appeal is filed by the appellant-original complainant challenging the judgment and order of acquittal dated 13th December, 2017 passed in Criminal Case No.3200055 of 2016 below Exh. 1 by the learned Additional Chief Metropolitan Magistrate, N.I.Act Court No. 32, Ahmedabad dismissing the complaint for default which was filed under Section 138 of the Negotiable Instrument Act.

2. It is case of the complainant that the complainant filed the private complaint who is the Goldsmith against the respondent-accused who is LIC agent. The money was lended by the complainant in part for the purpose of purchasing the house during April, 2015. When the amount was demanded back, the cheque bearing No. 555650 dated 28th October, 2015 for the amount of Rs.32,80,000/- was issued in favour of the complainant. On depositing the cheque, it was dishonored with an endorsement of “Fund insufficient” on 29th October, 2015. After following due procedure prescribed under the Act, a private complaint came to be filed before the competent Court. Learned Court has issued the summons after recording the verification vide order dated 13th January, 2016. Thereafter, the matter was kept on 23rd Feb