KANANI HANSRAJ Vs. HEMENDRA TULSIBHAI PATEL

JUDGEMENT

(1.) Present appeal has been filed by the appellant - State under Sec. 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 27/1/2005, passed in Criminal Case No. 2498 of 2000 by the learned 2 nd Joint Judicial Magistrate First Class, Jamnagar, recording the acquittal.

(2.) The facts, in brief, are that complainant - Hansraj Jadavji Kanani, resident of Taluka: Falla, Dist.: Jamnagar lodged a complaint before the Court that the respondent No. 1 herein had borrowed Rs.1,50,000.00 from him for business purpose and to repay the same, he issued a Cheque bearing No. 187953 dtd. 5/11/1999 drawn on The Commercial Coop. Bank Ltd., Patel Colony Branch, Jamnagar, which, the complainant presented in bank, but the same was returned by the bank with an endorsement "insufficient fund" and hence, the complainant issued a legal notice dtd. 17/11/1999 to the respondent No. 1 through his advocate by RPAD, however, since the respondent No. 1 did not repay the said amount, the complainant was constrained to file complaint before the Court of learned Judicial Magistrate First Class, Jamnagar under Sec. 138 of the Negotiable Instruments Act, 1881 (herein after referred to as "the NI Act").

(3.) Heard, learned advocate Mr. Nirav C. Thakkar for the appellant - original complainant, learned advocate Mr. Premal Rachh for the respondent No. 1 and learned APP Mr. Dharmesh Devnani for the respondent No. 2 - State.