AJAYKUMAR V BHATT Vs. DILIPSINH P SOLANKI

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 9.5.2003 passed by the learned 5th Joint Civil Judge (S.D.) and JMFC, Junagadh, in Criminal Case No.5121 of 2000. The said case was registered against the respondent No.1 original accused for the offences punishable under Section 138 of the Negotiable Instrument Act.

(2.) THE brief facts leading to the case of the appellant are that the respondent No.1 is doing the activity of purchasing and selling the car and since the appellant is also a driver both came into contact of each other and a transaction was made of selling a motor-car from respondent No.1 to appellant in total consideration of Rs.70,000/-. It was also the case of the appellant that Rs.60,000/- has been paid by cash to the respondent No.1 and since some repairing work has to be performed the possession of the car was handed over. THE original R.C.Book and TTO form were given to the appellant. When the repairing work of the motor-car was over, the appellant intended to take possession of motor-car; however the respondent No.1 denied to do so and accordingly the amount which was given in advance was demanded and on such demand, two cheques dated 1.8.2000 cheque No.33927 of Rs.10,000/- and another cheque dated 16.8.2000 being cheque No.33922 of Rs.50,000/- were given and both the cheques were deposited on 25.8.2000 in the State Bank of Saurashtra, Junagadh Branch, and said cheques were returned with the endorsement of 'insufficient fund' on 28.8.2000 and accordingly 9.10.2000 the complaint under Section 138 of the Negotiable Instrument Act was given and the same was registered as Criminal Case No.5121 of 2000.

(3.) IN order to bring home the charges against the accused person, prosecution has examined several witnesses and also produced documentary evidence.