Bankim N. Mehta, J.

By filing this appeal under section 378 of Criminal Procedure Code, 1973, the appellant original complainant has challenged the judgment and order of acquittal passed by learned Metropolitan Magistrate (Negotiable Instruments Act, Court No. 2), Ahmedabad on 7/8/2009 acquitting the respondent accused for the offence under section 138 of the Negotiable Instruments Act.

2. According to the complainant, he is the owner of School Building of Ranjan High School in Bapunagar, Ahmedabad and the accused is engaged in the activities of Ranjan High School. Therefore, the accused came into his contact and took hand loan of Rs. 3,57,000/- in last two years but on account of relation, no writing was obtained. On making demand of return of the amount, the accused gave cheque No. 481551 dated 25/8/1998 for Rs. 2,97,000/- and cheque No. 481552 dated 25/10/1998 for Rs. 60,000/- drawn on Gandhinagar Nagrik Co-operative Bank, Sachivalaya Branch, Gandhinagar. On presenting the cheques in the Bank, both the cheques returned unpaid on account of insufficient fund and he was informed by the Bank on 11/11/1998 about the dishonour of cheques. Therefore, he gave notice to the accu