( 1 ) THE petitioner-original complainant has preferred this revision application under section 397 of the Criminal Procedure Code, 1973 challenging the judgment and acquittal order dated 30. 8. 2000 recorded by the learned Addl. Sessions Judge of the City Sessions Court, Court No. 15, Ahmedabad in Criminal Appeal No. 59/99 under which the learned Addl. Sessions Judge allowed the said appeal of contesting respondent no. 2 herein and set aside the judgment and conviction order recorded by the learned Metropolitan Magistrate in Criminal Case No. 2058/97 and directed that the fine be refunded to respondent no. 2 herein. The present petitioner had filed criminal case no. 2058/97 on 7. 10. 1997 against respondent no. 2 herein for offence punishable under section 138 of the Negotiable Instrument Act, 1881 (for short, the Act) After registering the complaint and after hearing the evidence, the learned Metropolitan Magistrate found that the second respondent herein was acquitted of offence punishable under Section 138 of the said Act and consequently after hearing him on the point of quantum of punishment, the learned Magistrate, court No. 10 convicted the second respondent f