ARUNKUMAR M PRAVASI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) The appellant-original complainant in Criminal Case No. 5376 of 1996 has approached this Court under Section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 31.01.2001 passed by learned JMFC, Nadiad in Criminal Case No. 5376 of 1996, acquitting the respondent original accused of the charge of committing offence punishable under Sections 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'the NI Act' for brevity).

(3.) It was the case of the complainant before the Court that he knew the complainant and both of them had decided to start business in Partnership. For Partnership business, Rs.2 lacs were given to the accused. Thereafter, the amount of Rs.2 lacs was demanded back from accused, who issued cheque of Rs. 2 lacs bearing Cheque Nos. 1973197 on 05.08.1996 in the name of complainant and ensured him that the cheque would be honoured as and when it is presented in the Bank. The complainant presented cheque in the Bank but cheque was returned with endorsement "insufficiency of funds". The complainant requested the accused for making payment and under his instructions, he once again presented the cheque to the Bank but this time also the cheque was returned with the endorsement "insufficient fund". The accused was therefore called upon to make the payment vide statutory notice through advocate on 7.11.1996, which was duly served upon the accused. Despite that, the amount was not paid and the complaint was filed. The Court issued process. After recording plea of not guilty, the trial began. The accused was acquitted as no case was made out for recording conviction on behalf of complainant. The order of acquittal dated 31.01.2001 is impugned in this Appeal under Section 378 of the Code of Criminal Procedure.