(1.) Present appeal has been filed by the appellant-original complainant under Sec. 378(4) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 1/9/2007, passed in Criminal Case No. 968 of 2003 by the Metropolitan Magistrate, Court No. 16, Ahmedabad, recording the acquittal.
(2.) The facts, in brief, are that complainant-Pukhraj Achaldas, Proprietor of M/s. Magniram Achaldas, Ahmedabad lodged a complaint before the Court that the complainant and the respondent No. 1 were engaged in the Cloth business and were known to each other and had business relations. It is the case of the complainant that, for the business purpose, the respondent No. 1 used to borrow money from the complainant and to that effect, the complainant was also maintaining his account and thereby, the respondent No. 1 had availed Rs.10,57,190.00 from the complainant and was legal due to the complainant. On demanding such money, the respondent No. 1 issued a cheque bearing No. 404385 dtd. 16/5/2003, drawn on the Union Bank of India, Dhanlaxmi Market, Revdi Bazaar, Ahmedabad for Rs.10,57,190.00 and had assured to the complainant that he would get back his money by depositing the cheque in the bank, however, when on 16/5/2003, the complainant deposited the cheque in the Nagrik Sahakari Bank, Maskati Market, the same was returned by the bank with an endorsement "Account Closed". Accordingly, the complainant issued a legal notice dtd. 22/5/2003 under the provisions of the Negotiable Instruments Act, 1881 (herein after referred to as "the NI Act"), which was served upon the respondent No. 1 on 28/5/2003. Since the respondent No. 1 neither replied to the said notice nor paid the cheque amount, the complainant constrained to file the complaint under Sec. 138 of the NI Act before the learned Metropolitan Magistrate Court, Ahmedabad.
(3.) Heard, learned advocate Mr. J.B. Dastoor for the appellant-original complainant, learned advocate Mr. Jitendra Malkan with Ms. Khushboo Malkan and Ms. Alpa Dave for the respondent No. 1 and learned APP Ms. Monali Bhatt for the respondent No. 2-State.
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