DAUDBHAI VALJIBHAI KHRISTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant has challenged the judgment and order dated 15.02.2020 passed by the 4th Additional Sessions Judge, Anand in Criminal Misc. Application No.111 of 2020 as well as order dated 25.04.2019 passed by the 2nd Additional Chief Judicial Magistrate, Anand in Criminal Case No.28 of 2018.

(2.) Heard learned advocate for the applicant and learned APP for the respondent-State.

(3.) It is submitted by learned advocate for the applicant that the impugned judgments and orders passed by the Courts-below are illegal and erroneous. It is further submitted that considering the evidence on record adduced by the applicant, there are no any evidence to show that legally due amount is Rs.7,00,000/- and the cheque in question was signed by the accused which was dishonoured with mark as "funds insufficient" and the cheque was misused by the complainant. It is further submitted that against the loan amount of Rs.7,00,000/-, the applicant has already paid more amount of loan and without hearing the applicant, learned Additional Sessions Judge has dismissed the delay condonation application which is bad in eye of law. It is further submitted that the applicant has also raised the dispute that the blank cheque was given for the purpose of security purpose and the complainant has not produced the records and books of account of the applicant despite the fact that the applicant has paid more amount of loan. It is further submitted that son of the original accused-present applicant himself sent to the resident of respondent no.2 at the correct address, but he refused to accept the notice issued by this Court. Affidavit of service is filed by him before the Registry of this Court. However, nobody has remained present to respond the notice issued by the Court from respondent no.2 as he has refused to accept the notice. The said delay was neither intentional nor deliberate nor due to negligence on the part of any concerned person/persons, but has occurred in complying with the procedural formalities in the matter. Hence, it is requested by him that the impugned judgment and order dated 15.02.2020 passed by the 4th Additional Sessions Judge, Anand in Criminal Misc. Application No.111 of 2020 is required to be quashed and