D.M.FINANCE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is filed bAIR y the Appellant-Original Complainant under Section 378 of the Criminal Procedure Code (for brevity 'the Code') being aggrieved and dissatisfied with the judgment and order passed by the learned Metropolitan Magistrate, Court No. 12, Ahmedabad (for brevity 'the learned Trial Court') on 30.05.2009 in Criminal Case No. 777 of 2001, wherein the Respondents-Original Accused have been acquitted under Section 255(1) of the Code for the offences punishable under Section 138 of the Negotiable Instruments Act, 1861 (for short 'the NI Act').

(2.) Heard learned Advocate Mr. R. K. Savjani with Ms. Prachi Thakker for learned Advocate Mr. Ashwin Panchal for the Appellant (for brevity 'the Complainant') and learned Advocate Mr. Nilesh A. Pandya for learned Advocate Mr. Haresh H. Patel for the private Respondent Nos. 2 to 7 (for brevity 'the Accused') and learned APP Ms. Jirga Jhaveri, for the Respondent No. 1 State of Gujarat.

(3.) As per Complaint, the facts of the prosecution case are that at the relevant time, the Complainant Jayesh Thakker was the Manager of original Complainant Partnership firm (D. M. Finance). The Respondent No. 3 to 7 were the Directors of the Respondent no 2 Company Giriraj Proteins Pvt. Ltd. running the business of Protein. They entered into transaction with the Complainant for purchase of Castor Seeds. The Accused had purchased the stock of Castor Seeds and as per the Statement of Account, the Accused paid only Rs. 28,66,677/- and an amount of Rs.41,89,364/- was outstanding. That, the Accused have issued three cheques bearing No.585977 for Rs.3,00,000/-, Cheque No.585979 for Rs.2,00,000/- and Cheque No.585980 for Rs.2,00,000/- drawn on Laxmi Vilas Bank Ltd., Gondal Road, Rajkot towards the part payment. The Complainant has presented these three cheques for realization in the Social co-operative Bank Ltd, Ahmedabad, they were dishonored by the bank with endorsement 'insufficient funds'. The Complainant issued demand notice dated 10/07/2001 to the Accused. The Accused gave vague reply of the notice and did not pay the amount of unpaid cheques. The Complaint under Section 138 of the NI Act was filed in the Court of the learned trial Court No.12, Ahmedabad against the Accused. The same was registered as Criminal Case No.777 of 2001.