LAWS(GJH)-2020-2-476

BABUBHAI KIMMATRAI GURUNANI Vs. STATE OF GUJARAT

Decided On February 13, 2020
Babubhai Kimmatrai Gurunani Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present applicant has challenged the impugned judgment and order dated 2.1.2019 passed by learned Additional Chief Metropolitan Magistrate, N.I.Act Court No. 29, Ahmedabad in Criminal Case No. 107 of 2016 as well as impugned judgment and order dated 22.1.2020 passed by learned Additional Sessions Judge, City Civil & Sessions Court, Court No.28, Ahmedabad in Criminal Appeal No. 58 of 2019.

(2.) Heard learned advocate for the applicant.

(3.) It is submitted by learned advocate for the applicant that impugned orders passed by the Courts below are contrary to the facts and evidence on record. That, at no point of time legal notice dated 28.1.2013 was served to the present applicant .That, in fact it was received by one Seemaben. That, the prosecution has failed to establish the link between present applicant and the said Seemaben. That, the applicant has already closed his account in the year 2011 and all additional unused cheques were given back to the bank authority. That, the cheque was remained with the complainant and was misused by him. That, there was no legal debt due from the present applicant to the complainant where the complainant has not produced any written document to show the amount of Rs.2,50,000/- was given to the present applicant. That, Section 118 and 139 of the Negotiable Instrument Act were not interpreted properly by the Courts below. However, the applicant has shown his bonafide by depositing of Rs. 1,00,000/- before the City Civil & Sessions Court.