MEHUL J SAVLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT ­ original accused has preferred this appeal under section 378 of the Code of Criminal Procedure, 1973 and challenged the Judgment and Order of acquittal passed by the learned JMFC & 2nd Additional Civil Court, Navsari, on 15.4.2008 in Criminal Case No.5441 of 2003.

(2.) ACCORDING to the complainant, Rs.30,000.00 were given to the accused on condition that he would return the amount at a specified time. On making demand of the amount, the accused gave cheque No.081457 dated 18.7.2003 for Rs.30,000.00 drawn on Indusind Bank. The cheque returned unpaid on account of insufficient funds when it was presented in the bank, with the endorsement "Todays opening balance insufficient". Therefore, Notice was issued to the accused through advocate, but it had returned with the endorsement "refused". The notice sent by certificate of posting was received by the accused, but the accused did not pay the amount of unpaid cheque. Therefore, complaint under section 138 of the Act was filed.

(3.) I have heard learned learned advocate Mr. Bharda for the appellant, learned advocate Mr. Parikh for the accused and learned APP Miss Shah for the respondent State at length and in great detail. I have also perused the impugned judgment and record and proceedings of the trial Court.