JUDGMENT :

1.This appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ hereinafter) by the appellant-original complainant challenging the judgment and order of acquittal passed in Criminal Case No.10180 of 2020 dated 17.08.2023 by the learned 19th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat acquitting the respondent-accused from the charges punishable under Section 138 of the N.I.Act.

2. It is the case of the complainant that the complainant is the proprietor of Bharti Trends and doing the business of cloth trading. The accused is doing the business in the name and style of Liladhar Saris. The accused had contacted the complainant and requested to make trading in purchasing the goods from the other vendors and assured that in the prescribed time the amount would be paid and if not paid within a time then the same would be paid with late payment charges. The complainant had sent the goods from Shivam Dried House Private Limited and AAA Creation and Tej Fabrics to the accused and along with the goods the challans were also sent along with the bills.

3. On receiving the bills, the cheque bearing No.000066 dated 20.01.2