PARMAR KAILASBEN RAJUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Vasant Barot, learned advocate for the applicant.

(2.) This application is filed under sub-sec. (4) of Sec. 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') praying for Special Leave to Appeal challenging the judgement and order of acquittal recorded by Additional Chief Judicial Magistrate, Bayad, District: Arvalli, dtd. 3/7/2021 rendered in Criminal Case No.1489 of 2018 whereby the respondent - accused came to be acquitted of the charge for the offence under Sec. 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as "the Act").

(3.) According to the case of the applicant - complainant, she obtained loan from Central Bank of India over the agricultural land for the purpose of agriculture and out of that amount, she had lent money to the respondent - accused and for re-payment of the same, a cheque was also issued to the complainant which returned unpaid and, therefore, a complaint came to be filed on earlier occasion. Thereafter, by executing a writing, the applicant as also the accused arrived at some settlement and pursuant thereof the said case was withdrawn and a writing came to be executed on a stamp paper in the Month of January, 2017. According to the case of the applicant - complainant, within 65 days of the said writing executed, respondent - accused was supposed to re-pay the amount.