ORAL JUDGMENT

1. This is an appeal directed against the judgment and order dated 07.12.2015 passed by the 2nd Additional Chief Judicial Magistrate, Valsad, in Criminal Case No.3262 of 2013. By the aforesaid judgment and order, the Trial Court has acquitted the respondent No.2 herein-original accused for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881(for short ‘the Act’). Being aggrieved and dissatisfied with the said judgment and order of acquittal, the appellant herein-original complainant is here before this Court by way of present appeal under Section 378(4) of Code of Criminal Procedure.

2. The gist of the complaint is that:

2.1 The complainant and the accused are known to eachother and way back in the month of April, 2013, the respondent No.2-original accused had approached complainant seeking financial help for running his business. He had requested for an amount of Rs.6.50 lac. It is the case of the complainant that on 18.04.2013, an amount of Rs.6.50 lac was handed over to the original accused on a condition that he would return such amount. On 08.08.2013, one cheque bearing No.605101 of Axis Bank, Valsad Branch, signed by the original accused