JUDGMENT :

Order in Criminal Misc. Application

This Court has heard the matter finally at the admission stage. Leave as prayed for is granted. Hence, this application for leave to appeal is allowed.

Order in Criminal Appeal

1. This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated 03.04.2023 passed by the learned Additional Chief Metropolitan Magistrate, N.I.A. Court No.36, Ahmedabad in Criminal Case No.95307 of 2021 whereby, the respondent – accused is acquitted from the charges under Section 138 of the Negotiable Instruments Act, 1881.

2. It is the case of the complainant that the appellant has given an amount of Rs.10 lacs to the respondent no.2 as a hand loan. Upon request being made by the appellant to return the amount, the cheque bearing No.000062 dated 18.06.2021 of Ahmedabad District Co-operative Bank Ltd. was issued in favour of the appellant for the amount of Rs.10 lacs. The aforesaid cheque is deposited in the account by the appellant on 22.06.2021 however, the said cheque was returned unpaid with an endorsement of “payment stopped by the drawer”.

2.1. The statutory demand notice dated 17.07.2021 w