Bankim N. Mehta, J.—Appellant – original complainant has filed this appeal and challenged the Judgment and Order of acquittal passed by the learned Additional Senior Civil Judge and Additional CJM, Surat on 5.10.2010 in Criminal Case No. 14563 of 2008 acquitting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”).

2. According to the complainant, the accused is having a retail Sari Showroom in the name of Laxmi Silk Palace and is the Proprietor of the said showroom. The accused and his son Nirajbhai Radheshyam Mishra used to purchase the goods according to their requirement. As the accused was in need of saris, after negotiation of price, purchased the goods. The bills for the purchase of goods were given to the accused and Rs. 73,182/- remained payable by the accused towards the goods purchased by him. The accused gave cheque No. 099308 dated 11.9.2007 for Rs. 10,000/- drawn on the Gandevi Cooperative Bank Limited, Goharbag, Bilimora towards part payment. The cheque on presentation to the bank returned unpaid with the endorsement of “exceed arrangement” on 16.10.2007. Therefore, notice dated 16.11.2007 as re