ORAL JUDGMENT

1. This appeal is filed under section 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) challenging the judgment and order of acquittal passed under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “N.I.Act”) by the learned Special Judge, Negotiable Instrument Act, Surat in Criminal Case no. 22401 of

2019 dated 21.08.2023.

2. It is the case of the complainant that complainant is known to the respondent-accused through one Rameshbhai Soni and lend the amount of Rs.4,50,000/- at 21% interest at the shop of Rameshbhai Soni on 14.06.2016. The respondent-accused had executed the promissory note accepting the aforesaid amount and thereafter, issued the cheque bearing no.917676 dated 24.04.2019 for the amount of Rs.4,50,000/- on assurance that this amount will be paid as principle amount and with regard to the interest, the accounts would be settled later on.

2.1. On depositing the cheque, it was returned with an endorsement of “funds insufficient”. Therefore, after following the due procedure under the N.I.Act, private complaint came to be filed before the competent court.

3. On being summoned, the respondent-accuse