RAJESH JAIN Vs. AJAY SINGH

JUDGEMENT

(1.) Leave Granted.

(2.) The respondent-accused was tried for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). The Trial Court acquitted [Judgment and Order dtd. 17/12/2019 in Crl. Complaint No. 221 of 2017] him. The High Court dismissed the appellant'scomplainant's appeal and upheld the order of acquittal [Criminal Appeal No.148 of 2020 was dismissed by Hon'ble High Court of Gujarat by Judgment and Order dtd. 1/2/2021.]. Challenging the concurrent findings passed by the Courts below, the complainant has preferred this appeal.

(3.) Mr. Ajay Singh (respondent-accused), along with his wife, is said to have approached the appellant-complainant (Mr. Rajesh Jain) on 1/3/2014 with a request for lending him money. The meeting is said to have been facilitated by Ms. Gita Sunar the sister-in-law of Mr. Singh who had been working as an employee under Mr. Rajesh Jain for nearly 15 years then. Mr. Rajesh Jain, appellant appearing in-person contended that he had lent a sum of Rs.6.00 lacs on that day and has lent further sums thereafter, in the genuine belief that Mr. Ajay Singh would honour his promise of timely repayment and return the sum borrowed with interest, as agreed.