R.P. DHOLARIA, J.

1. The appellant has preferred these appeals under Section 378(4) of the Criminal Procedure Code against the judgment and order of acquittal dated 14.10.2016 rendered by learned 4th Additional Chief Judicial Magistrate, Surat below Exh.160 in Criminal Case No.1048 of 2003 and below Exh.165 in Criminal Case No.1049 of 2003. The said cases were registered against the respondents original accused for the offence under Section 138 of the Negotiable Instruments Act.

2. The case of the complainant is that he possesses a licence of money lending. Since the complainant and the accused belonged to the same community, he advanced money to the accused time and again. In the month of May 2003, cheque nos.662930 & 662932 amounting to Rs. 700000/- dated 28.05.2003 were discounted by the accused from the complainant and after discounting the cheques, the remaining amount was paid to the accused. Thereafter, the cheques were deposited by the complainant in the bank which came to be dishonored with an endorsement as 'account closed". Thereafter, the complainant issued notice to the accused under Section 138 of the Negotiable Instruments Act to which the accused gave an evasive reply and did not pay the amount. Therefore, the complainant filed a complaint against the accused before the learned Magistrate, Surat.

3. After registration of the complaint, the summons was issued to the respondents and the respondents remained present. Thereafter, preliminary statement of the respondents was recorded in which the respondents denied the allegation levelled against them and requested to try the case.

3.1 In order to prove the case, both the sides produced the documentary evidence.

3.2 Thereafter, after filing closing purshis by the complainant, further statement of accused was recorded. The accused denied the case and submitted that a false case is filed against them.

3.3 At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge vide impugned Judgment, acquitted the respondents accused.

3.4 Being aggrieved and dissatisfied with the said the judgment and order of acquittal dated 14.10.2016 rendered by learned 4th Additional Chief Judicial Magistrate, Surat below Exh.160 in Criminal Case No.1048 of 2003 and below Exh.165 in Criminal Case No.1049 of 2003, the appellant has preferred the present appeals before this Court.

4. This Court, while entertaining the appeals, passed following order:-

"Mr. Daifraz Havewalla, learned advocate for the appellant submits that as regard issue raised for determination, though the learned Magistrate has recorded findings in affirmative but dismissed the complaint on the grounds that relevant documents of accounts were not produced. Mr. Daifraz Havewalla, learned advocate for the appellant further submits that the relevant documents of accounts were already submitted at Exh:51. However, the learned Magistrate did not look into it. He therefore, submits that the decision of the learned magistrate is not based upon the evidence on record and the same is required to be remanded for considering the above mentioned documents.

In view of above, issue notice for final disposal returnable on 27th February, 2017. Mr. Chintan Dave, learned APP waives service of notice for and on behalf of the respondent-State."

4.1 Thereafter, while admitting the appeals on 01.11.2018, this Court passed following order:-

"1. Let the appeal be ADMITTED.

2. The formal service of notice of admission is waived by the learned Additional Public Prosecutor, Ms. Krina Calla for and on behalf of the respondent State.

3. Record and Proceedings be sent back forthwith for preparing the paperbook, possibly the same shall be prepared within a period of four weeks, so as to reach this Court on or before December 11, 2018.

4. The paperbook shall be supplied to the learned advocates for respective parties."

4.2 Consequently, on 18.12.2018, this Court passed following order:-

"Previously, this bench and pre