Z.K. Saiyed, J.—By way of present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 11.10.2010 passed by the learned 7th Additional Senior Civil Judge and JMFC, Ahmedabad Rural, in Criminal Case No. 6804 of 2006. The said case was registered against the Respondent No. 2 – original accused for the offences punishable under Section 138 of the Negotiable Instrument Act.

2. The brief facts leading to the case of the appellant are that the appellant filed a private complaint being Criminal Case No. 6804 of 2006 before the learned Chief Judicial Magistrate, Ahmedabad Rural, on 8.8.2006 for return of four cheques valued at Rs. 3,60,000/- against the original accused – Respondent No. 2. The learned Magistrate was pleased to issue process on 15.8.2006 under Section 138 of the Negotiable Instruments Act and thereafter the trial proceeded.

3. Thereafter, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, charge-sheet came to be filed against him in the Court of learned Metropolitan M