JUDGMENT :

1. This appeal is filed by the appellant challenging the judgment and order passed by the learned 3rd Additional Chief Judicial Magistrate, Nadiad dated 19.06.2023 in Criminal Case No.2636 of 2015 acquitting the respondent Nos.2 and 3 from the offence punishable under Section 138 of the Negotiable Instruments Act, 1886 (‘the N.I.Act’ referred hereinafter).

2. The facts of the case are mentioned hereinbelow:

2.1. Present appellant is the original complainant, who has filed the private complaint before the competent court alleging that he is the power of attorney of Ketanbhai Natwarbhai, who had done the financial transactions with one Vinodbhai Patel. The said Ketanbhai had lent the amount of Rs.1.20 Crore cash in the month of March 2014 as a hand loan to the respondents-accused.

To repay the amount on repeated request, two cheques bearing cheque Nos.612234 and 627728 of ICICI Bank, Petlad Branch, Nadiad was issued for the amount of Rs.60 Lakh each. On depositing the said cheque with the Bank, the same was returned with an endorsement of ‘account closed’. Therefore, after following the procedure prescribed under the act private complaint came to be filed.

2.2. On recording the