(1.) This appeal has been preferred by the Appellant Sanjay Kumar Kedia against the order of acquittal dated 10.6.2010 passed by Sushri Akansha Kashyap, Judicial Magistrate, Ist Class, Bhagalpur, in Case No. 2238 of 2006/Tr. No. 119 of 2010 by which she acquitted the Respondent of offences under Sections 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.
(2.) The lower court records have been received.
(3.) The complaint petition itself recites that the complainant was running a wholesale business in clothes, named and styled as M/s Kedia Trading Company, Sujaganj Bazar, Tinkathia Gali, Bhagalpur. The Respondent was a retailer in clothes and his establishment was M/s Gaurav Stores situated in the same locality of Sujaganj Bazar but at a different place Hadea Patti. The complainant and the accused used to deal with each other in clothes and sometimes payment used to be made in cash and sometimes by cheque.