REGENT COMPUTRONICS PVT. LTD.

Jagdishkumar Kantilal Soni Appellant

V/S

STATE OF GUJARAT Respondents

Referred Judgements :-

JUDGEMENT

(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. 31/7/2004, passed in Criminal Case No. 273 of 1999 by the learned Judicial Magistrate First Class, Idar, recording the acquittal.

(2.) The facts, in brief, are that complainant ' Jagdishkumar Kantilal Soni, resident of Taluka: Idar, lodged a complaint before the Court that the respondent No. 2 herein had borrowed Rs.31,000.00 from him and to repay the same, he issued a Cheque bearing No. 407131 dtd. 10/9/1998 drawn on The Sabarkantha District Central Coop. Bank Ltd., Badoli, 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. 4/2/1999 to the respondent No. 2 through his advocate by RPAD, however, since the respondent No. 2 did not repay the said amount, the complainant was constrained to file complaint before the Court of learned Judicial Magistrate First Class, Idar under Sec. 138 of the Negotiable Instruments Act, 1881 (herein after referred to as "the NI Act").

(3.) Heard, learned advocate Mr. Himanish J. Japee for learned advocate Mr. J. V. Japee for the appellant ' original complainant, learned advocate Ms. Rekha H. Kapadia for the respondent No. 2 and learned APP Ms. Moxa Thakkar for the respondent No. 1 ' State.

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JAGDISHKUMAR KANTILAL SONI Vs. STATE OF GUJARAT

Referred Judgements :-

JUDGEMENT

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