MUKESHKUMAR CHIMANLAL MANDORA Vs. SHANKERLAL ASLAJI PRAJAPATI

JUDGEMENT

(1.) PRESENT appellant ' original complainant has filed this appeal against the judgment and order dated 16.08.2010 passed by the learned Metropolitan Magistrate, Negotiable Act, Court No.6, Ahmedabad in Criminal Case No.845 of 2010.

(2.) THE appellant herein ' original complainant states that respondent no.1 herein ' original accused is relative and living in same society. Accused had borrowed Rs.50,000/- from the complainant for business purpose and assured to return the money. When complainant asked the money, accused had given cheque for an amount of Rs.50,000/- of Union Bank of India and also gave assurance that cheuqe will be honoured. THE complainant had deposited the said cheque no.11.12.2009 and same was returned on 13.12.2009. THEreafter, the complainant had given notice under section 138 of the Negotiable Instrument Act and it was served upon the accused and the accused did not replied.

(3.) THOUGH notice is served upon respondent no.1 ' original accused nobody appears.