VINUBHAI NATUBHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant has challenged the judgment and order dtd. 30/3/2019 passed by learned 5th Additional Chief Judicial Magistrate, Anand in Criminal Case No. 4754 of 2014 as well as judgment and order dtd. 9/12/2019 passed by learned 3rd Additional Sessions Judge, Anand in Criminal Appeal No. 106 of 2019.

(2.) The facts of the present case are summarized as under: That, as there were acquaintance between the respondents No.2-original complainant and accused, as the accused frequently used to visit the office of the complainant and during that period, the applicant-accused requested the complainant to lend money and at his request the complainant gave an amount of Rs.3,20,000.00 to the accused with interest @18% per annum and the said amount was agreed to be returned on completion of season for which the accused has given assurances, however, the accused has not returned the said money when demanded by the complainant and thereafter, the accused issued Cheque No.000027 drawn of Bank of Baroda, Karamsad Branch amounting to Rs.3,43,300.00 dtd. 24/11/2014 in favour of the complainant. That, the said cheque was dishonoured from the Bank when deposited by the complainant and thereafter, statutory notice was issued by the complainant through advocate to the accused on 09/12/2014, which was served upon the accused but the accused has not complied with the said notice and also has not replied to said notice and thus, the complaint was lodged thereof and same has been registered as Criminal Case No.4754 of 2014 and in the said case, the applicant was sentenced. Thereafter, the applicant approached the learned Sessions Court but, vide judgment and order dtd. 9/12/2019, learned 3rdAdditional Sessions Judge, Anand in Criminal Appeal No. 106 of 2019, confirmed the sentence imposed upon the present applicant.

(3.) Thus, being aggrieved with the said order, the applicant has preferred present application.