Bankim N. Mehta, J.—The appellant original complainant has preferred this appeal under Section 378 of Criminal Procedure Code, 1973 and challenged the judgment and order of acquittal passed by learned 7th Additional Senior Civil Judge and J.M.F.C., Bhavnagar on 21/8/2008 in criminal Case No. 602/2007 acquitting the respondent accused for the offence under Section 138 of the Negotiable Instrument Act.

2. According to the complainant, he was the owner of Aditya Fiber Factory at Dholaka. It was agreed between him and the accused to demolish boundary wall, two gates and other things except the machineries lying at Aditya Fiber Factory for Rs. 10,21,000/-. The accused gave Rs. 95,000/- in cash and cheque No. 260214 dated 15/9/2006 for Rs. 3,66,000/- drawn on Indusin Bank, Ahmedabad branch for the same and it was agreed that the remaining amount would be paid as and when the material is lifted. The said cheque returned dishonoured on 18/9/2006 on account of insufficient funds. The accused has informed about return of the cheque unpaid. Therefore, the accused informed him to present the cheque before 1st December, 2006 and assured that the cheque would be cleared and requested not