ORAL JUDGMENT

1. This Court has granted application for Leave to Appeal today. Hence, ADMIT. Ms. Megha Chitalia, learned APP waives service of notice of admission on behalf of the respondent No.1- State of Gujarat. With consent of the parties the Appeal is taken up for final hearing today.

2. The appellant has preferred the present Appeal under Section 378 of the Criminal Procedure Code ("Cr.P.C." for short) against the judgment and order dated 11.11.2022 passed by learned Special Judge (Negotiable Instrument Act) (hereinafter be referred to as the "trial Court") in private Criminal Case No. 3640 of 2005, whereby the trial Court has acquitted the original accused No. 2 from the charges levelled against him under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter be referred to as "the N.I. Act").

3. It is the case of the appellant that the accused persons who are doing the business in the name of Kanchan Saries and they were business partners. The accused persons has purchased the goods from the appellant and for the aforesaid goods the promise was given and thereby three cheques were given to the appellant by the accused persons of the ICICI Bank.

3.1 When the said cheque