JUDGMENT :

1. Present appeal has been filed by the appellant – Bharatbhai Shakarchand Shah (Original Complainant) (hereinafter referred to as the “Appellant”) under Section 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 13.7.2006, passed in Criminal Case No. 1002 of 2004 by the learned Metropolitan Magistrate, Court No.20, Ahmedabad City, recording the acquittal against Respondent No.1 – Pravinbhai Trikamlal Thakkar (Pujara) (Original Accused) for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. The facts, in brief, are that the Appellant has lodged a complaint before the Court that the respondent No. 1 herein had borrowed Rs.1,00,000/- from him for business purpose and to repay the same, he issued two Cheques bearing No. 531282 and 531283, both dated 25.6.2004 drawn on Manekchowk Co.Op. Bank, which, the complainant presented in bank, but the same was returned by the bank with an endorsement “Accounts Closed” and hence, the complainant issued a legal notice dated 1.7.2004 to the respondent No. 1 through his advocate by RPAD, however, since the respondent No. 1 did not repay the said amount, the complainant was constr