DINESHBHAI LAXMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT herein is original complainant of Criminal Case No.3082 of 2001. He lodged complaint before the learned Chief Judicial Magistrate, Nadiad for the offence punishable under section 420 of the Indian Penal Code against respondent no.2 herein. It is alleged in the complaint that appellant ? original complainant sold goods of tobacco to respondent no.2 herein and said goods were received by respondent no.2 but he did not make any payment. Hence, appellant herein lodged complaint.

(2.) THE Trial Court passed order to send the complaint for investigation under section 156 of the Criminal Procedure Code and after investigation Police submitted 'C' summary report. THE Court did not accept the same and issued process. After recording pre-charge evidence original accused no.2 was acquitted by the Court and against present respondent no.2 ? accused no.1, charge was framed for the offence under section 420 of the Indian Penal Code vide Exh.58. Accused denied charge and came to be tried. Hence, trial started.

(3.) AT the end of trial, after giving opportunity of hearing to the learned advocates for the parties, Trial Court vide judgment dated 31.03.2010 acquitted respondent no.2 ? accused. Hence, this appeal.