JUDGMENT :

1. Present appeal has been filed by the appellant – original complainant under Section 378(4) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 01.09.2007, passed in Criminal Case No. 968 of 2003 by the Metropolitan Magistrate, Court No. 16, Ahmedabad, recording the acquittal.

2. The facts, in brief, are that complainant – Pukhraj Achaldas, Proprietor of M/s. Magniram Achaldas, Ahmedabad lodged a complaint before the Court that the complainant and the respondent No. 1 were engaged in the Cloth business and were known to each other and had business relations. It is the case of the complainant that, for the business purpose, the respondent No. 1 used to borrow money from the complainant and to that effect, the complainant was also maintaining his account and thereby, the respondent No. 1 had availed Rs.10,57,190/- from the complainant and was legal due to the complainant. On demanding such money, the respondent No. 1 issued a cheque bearing No. 404385 dated 16.05.2003, drawn on the Union Bank of India, Dhanlaxmi Market, Revdi Bazaar, Ahmedabad for Rs.10,57,190/- and had assured to the complainant that he would get back his money by depositing t