JUDGMENT

V.P. Patel, J.—The present Criminal Appeal is filed by the Appellant-Original Complainant under Section 378 of the Criminal Procedure Code (for brevity ‘the Code’) being aggrieved and dissatisfied with the judgment and order passed by the learned Metropolitan Magistrate, Court No. 12, Ahmedabad (for brevity ‘the learned Trial Court’) on 30.05.2009 in Criminal Case No. 777 of 2001, wherein the Respondents-Original Accused have been acquitted under Section 255(1) of the Code for the offences punishable under Section 138 of the Negotiable Instruments Act, 1861 (for short ‘the NI Act’).

2. Heard learned Advocate Mr. R. K. Savjani with Ms. Prachi Thakker for learned Advocate Mr. Ashwin Panchal for the Appellant (for brevity ‘the Complainant’) and learned Advocate Mr. Nilesh A. Pandya for learned Advocate Mr. Haresh H. Patel for the private Respondent Nos. 2 to 7 (for brevity ‘the Accused’) and learned APP Ms. Jirga Jhaveri, for the Respondent No. 1 State of Gujarat.

Facts of the Case:

3. As per Complaint, the facts of the prosecution case are that at the relevant time, th