JUDGMENT :

1. Though Rule is served in the application for seeking leave to prefer an appeal, as per the report filed by the Registry, it was served on 10.01.2024, no one has appeared either in person or through an advocate. Hence, this appeal was heard in absence of the respondent-accused.

2. Present appeal is filed by the appellant-original complainant challenging the judgment and order dated 13.10.2023 passed by the learned 10th Additional Civil Judge and Judicial Magistrate First Class, Surat in Criminal Case No.52555 of 2022, whereby the accused were acquitted from the charges punishable under Section 138 of the Negotiable Instruments Act, 1886.

3. Facts of the present case are mentioned hereinbelow:

3.1. It is the case of the complainant that the complainant is doing the business in the name and style of Ridhan Fashion Private Limited and the respondents-accused are the proprietor of Pooja Collection. The complainant had sold the fabric material to the accused and for the payment of the goods, three cheques totaling the amount of Rs.1,35,126/was issued in favour of the complainant. On depositing the said cheuqes, the cheques were returned with an endorsement ‘payment stop by borr