(1.) This appeal is filed by the appellant - original complainant under the provisions of Sec. 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 31/12/2007, passed in Criminal Case No. 3455 of 2002 by the learned Metropolitan Magistrate, Court No. 7, Ahmedabad recording the acquittal.
(2.) Facts, in brief, are that appellant - original complainant - Maheshbhai Fatelal Patwari, lodged a complaint before the Court that the respondent No. 1 herein had borrowed Rs.80,000.00 from him and for the same, he issued a Cheque bearing No. 94227 dtd. 11/7/2002 drawn on Bhavnagar Mercantile Co-op. Bank Ltd., Bhavnagar, which, the complainant presented in bank, but the same was returned by the bank with an endorsement "Account Closed" on 15/7/2002 and hence, the complainant issued a legal notice dtd. 26/7/2002 to the respondent No. 1 through his advocate by RPAD and UPC, which though served upon the respondent No. 1 on 29/7/2002, the respondent No. 1 did not repay the said amount and hence, the complainant was constrained to file complaint before the competent Court at Ahmedabad under Sec. 138 of the Negotiable Instruments Act, 1881 (herein after referred to as "the NI Act").
(3.) Heard, learned advocate Mr. Sanjay Prajapati for the appellant - original complainant, learned advocate Paresh Darji for the respondent No. 1 and learned APP Ms. Jirga Jhaveri for the respondent No. 2 - State.
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