Bankim. N. Mehta, J.—The appellant – original complainant has preferred these appeals under Section 378 of the Criminal Procedure Code, 1973 and challenged the common judgment and order of acquittal dated 29.12.2009 passed by the learned Metropolitan Magistrate (Negotiable Instruments Act) Court No. 8, Ahmedabad in Criminal Case Nos.4682 of 2008, 4683 of 2008 and 4684 of 2008 acquitting the respondent accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short “the Act”).

2. According to the complainant, he is wholesale cloth merchant and accused is also dealing in the cloth business. The accused purchased cloth worth Rs. 79,547/- by bill No. 29 dated 5.3.2003 and Rs. 77,673/- by bill No. 33 dated 10.3.2003 on credit. Thereby, the accused purchased cloths worth Rs. 1,56,220/- from him. The accused gave cheque No. 070922 dated 4.4.2003 for Rs. 79,547/- against bill No. 29 drawn on Sarangpur Cooperative Bank Limited, Sarangpur branch and cheque No. 523109 dated 5.4.2003 for Rs. 77,673/- against bill No. 33 drawn on the same bank. On presentation of the cheques in the bank, both the cheques returned unpaid with endorsement “referred to draw