PARESH SAVAJIBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Order in Criminal Revision Application: The applicant has challenged the impugned judgment and order dated 02.01.2018 passed by learned 4th Additional Chief Judicial Magistrate, Surat in Criminal Case No. 54059 of 2014 as well as judgment and order dated 20.02.2020 passed by learned 15th Additional Sessions Judge, Surat in Criminal Appeal No. 29 of 2018.

(2.) Heard learned advocate for the applicant.

(3.) It was submitted by learned advocate for the applicant that the order passed by both the courts below are illegal, unjust, improper and irrational. That the learned appellate court has wrongly believed the version of the complainant because the applicant gave cheque for the business purpose as partner but the complainant misused the cheque. That, the appellate Court has failed to appreciate the facts that the respondent no.2 is head strong person and he is doing business of giving money on interest being money lender. That, the impugned orders are against settled position of law. That, the applicant's sister and his husband lodged a complaint against the respondent no.2 and therefore, cross complaint has been filed by the respondent no.2 against them before Katargam Police Station. That, out of the cheque amount of Rs. 30 lacs, the applicant has deposited Rs. 7,50,000/- before the learned Sessions Court, Surat.