Bankim N. Mehta, J.— Appellant original complainant has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 and challenged judgment and order of acquittal passed by the learned Principal Civil Judge and Judicial Magistrate First Class, Valsad on 25.5.2010 in Criminal Case No.596 of 2009 acquitting the respondent accused for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”).

2. According to the appellant-original complainant, he is doing business in the name of Govind Cement Agency at Dharampur and had business relations with the accused. As the accused was in need of finance, he demanded loan from him Therefore, in all, Rs.70,500 were advanced to the accused. On making demand of the outstanding amount, the accused gave cheque No.095325 dated 27.5.2009 of Rs70,500 drawn on the Sardarganj Mercantile Cooperative Bank Limited, Market Yard, Patan for the amount received by him. On presenting the cheque in the bank, it returned unpaid with the endorsement “Funds Insufficient”. Therefore, he informed the accused about dishonour of cheque and hence, the accused informed him that he would make arrangement f