Z.K. Saiyed, J.— The appellant-original complainant has preferred the present appeal under Section 378(4) of the Code of Criminal Procedure, 1973 against the judgment and Order of acquittal dated 30th May 2003 passed by the learned Metropolitan Magistrate, Court No.5, Ahmedabad, in Criminal Case No.188 of 2001 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by which the learned Judge was pleased to acquit the opponent No.1 original accused of the charges levelled against him.

2. The short facts of the complainant is that the present appellant-original complainant is a partner of Anand Trading Company and is dealing in business of Tea. It is the case of the complainant that the opponent No.1 original accused originally serving with him, but subsequently has started his own business in the name and style of “Mahadev Sales Agency”. The opponent No.1 original accused was the sole proprietor of the said Mahadev Sales Agency. The opponent No.1 accused used to purchase tea and tea-leaves from the present appellant-original complainant and thus, they known to each other. It is the case of the appellant-original complainant that he has to take Rs