HEMANT KUMAR BHAGUBHAI PATEL Vs. SHAILESHBHAI DAHYA TANDEL

JUDGEMENT

(1.) The appellant, original complainant, has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 and challenged judgement and order of acquittal passed by learned 4the Additional Chief Judicial Magistrate, Navsari, on 27.7.2010 in Criminal Case No. 4397 of 2008 acquitting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 ("the Act" for short).

(2.) According to the complainant, accused was doing business of fishing and used to obtain hand loan for business purpose. On 9.10.2007 accused obtained Rs. 4,50,000/- for one month as hand loan. After one month, he made demand for the outstanding amount. Therefore, the accused gave cheque No. 60321.1 dated 9.11.2007 for Rs. 2 lakh and cheque No. 603212 dated 9.12.2007 for Rs. 2,50,000/- drawn on ICICI Bank, Limited, Sayaji Road, Navsari, towards the outstanding amount. Both the cheques returned unpaid with the endorsement "funds insufficient" when presented in the Bank. Therefore, notice was served to the accused demanding the amount of unpaid cheques but the accused did not pay the amount. Therefore, complaint under Section 138 of the Act was filed.

(3.) The trial Court issued summons and the accused appeared and denied having committed the offence. Therefore, prosecution adduced evidence. On completion of recording of evidence, further statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. After hearing learned advocates for the parties, the trial Court by the impugned judgement acquitted the accused. Being aggrieved by the said decision, the appellant original complainant has preferred this appeal.