JUDGMENT :

1. This appeal is filed by the appellant – original complainant challenging the judgment and order passed by the learned Additional Chief Metropolitan Magistrate, N.I. Act Court No.31, Ahmedabad dated 06.05.2023 in Criminal Case No.85308 of 2019 whereby, the respondent – accused came to be acquitted from the charges punishable under Section 138 of the Negotiable Instruments Act.

2. The case of the complainant is that the complainant is doing the business in the name and style of “G.Aveda Enterprise” and the complainant is the partner of the said enterprise. It is the case of the complainant that the respondent – accused is doing the business in the name and style of “Jahnvi Agro Industries” and having the business relations with the complainant partnership firm. The respondent – accused has purchased the goods from the complainant firm by invoice no.033 dated 20.09.2018 of Rs.25,86,323/-, invoice no.034 dated 21.09.2018 of Rs.23,90,966/- and invoice no.35 of Rs.27,54,344/-. The transactions were carried out upto September, 2018, totaling the amount of Rs.77,31,633/-. On making the demand for payment of the goods, cheque bearing no.071043 dated 27.09.2018 was issued for the