BHIKHABHAI DAHYABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, under Sec. 378 (1) of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dtd. 1/1/2011 passed by the learned Chief Judicial Magistrate, Himmatnagar, in Criminal Case No.2701/199, whereby the accused was acquitted of the charges leveled against him for the offences under sec. 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act').

(2.) Heard Mr. Himanish J. Japee, learned advocate for Mr. J. V. Japee, learned advocate for appellant- original complainant and Mr. D. M. Devnani, learned APP for Respondent No.1. None appears for Respondent no.2, though served.

(3.) There is family relation between both the parties and on account of such relation, the complainant had given an amount of Rs.12,00,000.00 for a month in the year 1999, against which respondent no.2 has issued cheque No.0179257 dtd. 22/6/1999 of Union Bank of India and upon production of the said cheque by the complainant on 20/7/1999, it has returned with the endorsement of 'account closed'. Therefore, the complainant has issued legal notice to the accused through RPAD post on 27/9/1999 informing him about dishonour of the cheque, but the accused did not give appropriate reply nor paid the amount of unpaid cheque.