SURENDRANAGAR MERCANTILE COOP. BANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal under section 378 of the Code of Criminal Procedure, 1973 is filed by Surendranagar Mercantile Co-operative Bank Ltd., against the judgment and order of acquittal dated 6.7.2007 passed by the learned Judicial Magistrate, First Class, Surendranagar in Criminal Case no.631 of 2001 whereby the accused has been acquitted of the charges under section 138 of the Negotiable Instruments Act.

(2.) BRIEF facts of the prosecution case are that the appellant granted term loan of Rs. 1,50,000/- on 26th August, 2000 to respondent no.2 herein. The re spondent no.2-original accused gave post dated cheques of R. 10,000/- for the payment of instalments for repayment of the loan and out of the said cheques, three cheques of Rs. 10,000/- each were returned unpaid on account of insuffi- cient funds. The appellant therefore, served a legal notice to respondent no. 2, but the respondent no. 2 failed to make the payment. Therefore, the appellant filed the complaint before the learned Magistrate being Criminal Case no. 631 of 2002. S T P L - Dishonour of C heque Judgements 13.1 [This product is licenced to keyur, ahmedabad, ahmedabad]

(3.) WITH a view to prove the case against the respondent-accused, the complainant had led oral as well as documentary evidence. The complainant has examined two witnesses and also produced documentary evidence in support of its case at exhs. 36 to 38. After the trial, after recording statement of the accused persons under section 313 of the Criminal Procedure Code, and after hearing arguments on behalf of complainant and the defence, the learned Judicial Magistrate, First Class, Surendranagar has acquitted the respondent-accused of all the charges levelled against him by the judgment an order dated 6.7.2007.