JUDGMENT :

1. Appellant - original complainant has preferred this appeal under section 378 of the Code of Criminal Procedure, 1973 and challenged the judgment and order of acquittal passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Vadodara on 21.10.2010 allowing Criminal Appeal No.104 of 2009 and acquitting the respondent accused against the judgment and order of conviction passed by the learned Additional Senior Civil Judge and JMFC, Vadodara on 29.9.2009 in Criminal Case No.8116 of 2007 convicting the respondent accused for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short "the Act").

2. According to the appellant complainant, the respondent accused was his friend and as he was in need of finance, obtained in all Rs. 4,90,000/- as hand loan on different times from him. The respondent accused gave cheque No.223345 dated 3.3.2007 of Rs. 4,90,000/- drawn on Indusland Bank Limited, Varasia Ring Road, Vadodara towards discharge of his liability. On presenting cheque in the Bank on 13.3.2007, the cheque has been returned unpaid with the endorsement "Account Closed" and he was informed about the return of cheque unpaid