JUDGMENT :

1. This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order of acquittal dated 06.06.2023 passed by the learned Judicial Magistrate First Class, Babara, District Amreli in Criminal Case No.252 of 2020 acquitting the respondent-No.2 under Section 138 of the Negotiable Instruments Act, 1881 (‘the N.I.Act’ hereinafter).

2. The facts of the complaint is as under:

2.1. The complainant had filed the aforesaid case before the concerned Court and contended that the complainant is the resident of village Vinchiya, Taluka Gadhada, District Amreli and respondent No.2-original accused is also resident of the same village and they were having the relations through one of the nearest relative. As the respondent No.2-accused, was in a financial needs, had borrowed Rs.25 Lakh before six months before the date of issuance of the notice. At the time of borrowing the money, the respondent No.2-original accused has assured that within a period of two months, the amount would be repaid. After two months, the demand was raised, time and again, but the respondent No.2 remained fails in repaying however, the cheque of Rs.25 Lakh being No.011