JUDGMENT

Bankim N. Mehta, J.—The appellant, original complainant, has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 and challenged the judgment and order of acquittal passed by 3rd Additional Sessions Judge, Nadiad, on 31.3.2009 in Criminal Appeal No. 24 of 2007 acquitting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 (“the Act” for short).

2. According to the complainant, the accused had obtained loan for purchase of a motor vehicle and his vehicle H.P. A/c. Number is 641. The accused gave cheque No. 21812 dated 24.7.2002 for Rs.5,48,231 drawn on Kapadvanj Peoples Co-operative Bank Limited towards discharge of the amount payable by him. On presentation of the cheque in the bank, it returned unpaid on account of insufficient fund. Therefore, notice was served to the accused demanding the amount of unpaid cheque. Despite receipt of notice, the accused neither paid the amount of unpaid cheque nor gave reply to the notice. Therefore, complaint under Section 138 of the Act was filed in the Court of learned Judicial Magistrate, First Class, at Kapadvanj and it was registered as Criminal Case No. 1795 of