(1.) This appeal is filed by the appellant - original complainant under the provisions of Sec. 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 10/6/2014, passed in Criminal Case No. 127 of 2005 by the learned Judicial Magistrate First Class, Prantij, recording the acquittal.
(2.) Nutshell facts are that appellant - original complainant - Rameshkumar Vitthalbhai Patel, lodged a complaint before the Court that the respondent No. 2 herein had borrowed Rs.20,00,000.00 from him for personal use and assured to repay within a month or one and half months and for the same, he issued a Cheque bearing No. P.698868 dtd. 17/11/2004 drawn on The Sabarkantha District Central Co-op. Bank Ltd., Prantij Branch of Account No. 8091, which, the complainant presented in bank, but the same was returned by the bank with an endorsement "Account Closed" and hence, the complainant issued a legal notice dtd. 7/12/2014 to the respondent No. 2 through his advocate by RPAD and UPC, which though served upon the respondent No. 2 on 11/12/2014, the respondent No. 2 did not repay the said amount and gave vague reply on 15/12/2004, the complainant was constrained to file complaint before the competent Court at Prantij under Sec. 138 of the Negotiable Instruments Act, 1881 (herein after referred to as "the NI Act").
(3.) Heard, learned advocate Mr. Yatin Soni for the appellant original complainant, learned advocate Ms. Devangi Solanki for learned advcoate Mr. N. V. Gandhi for the respondent No. 2 and learned APP Ms. Jirga Jhaveri for the respondent No. 1 - State.