JAYANTILAL DHARAMSHIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, original complainant has filed this application seeking leave under Sub- Sec. (4) of Sec. 378 of the Code of Criminal Procedure, 1973 (for short, 'the Code') challenging the order of acquittal passed by learned 3rd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Rajkot dtd. 21/11/2019 in Criminal Case No.4148 of 2016 whereby, Respondent No.2 herein came to be acquitted of the charge under Sec. 138 of the Negotiable Instruments Act.

(2.) The case of the complainant, as pleaded, was that, the complainant-accused are father in-law and son in-law respectively. Because of the said relationship, the accused had obtained hand loan, to meet with the financial need, of Rs.3,05,000.00 for 2 years in February, 2014 from the complainant. It is further the case of the complainant that accused issued cheque of Rs.3,05,000.00 dtd. 2/2/2016 bearing No.497496 drawn on ICICI Bank, Rajkot. According to the complainant, the accused assured that the cheque will be honored on presentation in the Bank and the complainant will get money. Pursuant thereto, the complainant deposited the said cheque in Bank being Bank of India, Main Branch, Rajkot dtd. 15/2/2016. Thereafter, the complainant issued legal demand notice dtd. 21/2/2016 through an advocate by RPAD, which is duly served to the accused. According to him, the accused gave evasive reply to the notice by reply dtd. 8/3/2016 and did not pay the amount of cheque as demanded by the complainant and therefore, the impugned complaint has come to be filed against the Respondent No.2 - original accused.

(3.) To prove the case before the trial Court, the complainant examined himself, as also one bank witness, Pratik Vaghela vide Exh.36. He has produced and proved nearly 7 documents in support of his case. On the other hand, the accused has also entered the witness box and examined two of the witnesses including Bank Official vide Exh.37. While leading his defence, he has also produced and proved nearly 6 documents before the trial Court. After conclusion of trial and hearing of the parties, the trial Court has acquitted the accused of the charges leveled against him. Hence, the present application for special leave to appeal under Sub-Sec. (4) of Sec. 378 of 'the Code'.