STATE OF GUJARAT Vs. NAGINBHAI MORARBHAI PATEL

JUDGEMENT

(1.) This Revision Application is filed by the State of Gujarat under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (herein after referred to as 'the Code') challenging the judgment of acquittal recorded by the learned Chief Judicial Magistrate, Bayad-Arvalli dtd. 14/5/2018 in favour of the respondent-accused in Criminal Case No.1191 of 2013, which came to be confirmed by the learned Additional Sessions Judge, Modasa, District: Arvalli vide an order dtd. 18/9/2019 in Criminal Appeal No.52 of 2018.

(2.) As per the case of the prosecution, the respondent- accused gave Rs.8,87,337.00 through cheque, towards the potato seeds and amount lent, to the complainant, drawn on Nagrik Bank, Bayad Branch, which returned 'unpaid' and thereby accused are alleged to have committed criminal breach of trust and cheating with the complainant. It is further case of the prosecution that when the complainant went for demanding due money, he was threatened of dire consequences and abused by the accused. Pursuant to the same, the complainant registered a First Information Report and on conclusion of investigation, charge-sheet came to be filed against the respondents-accused for an offence under Ss. 406 , 420 , 504 , 506(2) and 114 of the Indian Penal Code.

(3.) It appears that in all 10 witnesses in support of the prosecution case came to be examined and 9 documents were produced and proved. After appreciating evidence led before the Court and hearing the parties, learned Magistrate acquitted the accused of the charge leveled against them.