SHANKARLAL M PARMAR Vs. DINESH BABULAL BORIYAWALA

JUDGEMENT

(1.) The applicant-accused is before this Court being aggrieved by the judgment and order passed by the 8th Additional Judicial Magistrate First Class, Bharuch in Criminal Case No. 12158 of 2005, which is confirmed in Criminal Appeal No. 53 of 2006 by the learned Additional Sessions Judge, Fast Track Court No.5, Bharuch.

(2.) The facts of the case are that original accused No.1 had given two cheques to the complainant and when those cheques were deposited by the complainant in the bank, the same were dishonoured. The complainant issued notice dated 29.7.2005 and as the applicant-original accused did not pay that amount, he filed Criminal Case No. 12158 of 2005.

(3.) On perusal of the judgment and order of the learned J.M.F.C., it can be noticed that all possible contentions were raised by the accused, but the same were found without any substance. The accused had contended that the 'amount' in the cheques is written in English, whereas the other details are in 'Hindi'; that the cheques are not answering the requirement of Section 6 of the Negotiable Instruments Act; that there is a scribbling in the cheques and that scribbling is not authenticated by short signature and, therefore, the cheques are defective and hence, no steps can be taken based on these cheques; that the cheques do not bear any stamp of the bank and, therefore, it cannot be believed that these cheques had gone in the 'clearing'; that the benefit of doubt should be given to the accused and he should be acquitted of the charge levelled against him. Perusal of all these contentions and the defences put forward by the accused clearly indicate that he is trying to make out a defence at any cost but, then, the learned J.M.F.C. was not convinced of any of the grounds and hence, rejected those defence and convicted the applicant-accused.