MAHALAXMI CHEMICALS Vs. KESHAVBHAI PATEL

JUDGEMENT

(1.) THE appellant, original complainant, has preferred this appeal under Section 378 of the Code of Criminal Procedure and challenged the judgement and order of acquittal passed by learned Judicial Magistrate First Class (First Court), Surat, on 24.7.2009 in Criminal Case No. 367 of 2001 acquitting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 ("the Act" for short).

(2.) ACCORDING to the complainant, he is doing business of selling chemicals and the accused are partners of Gurudev Processors. The accused purchased chemicals from him and the goods purchased was delivered to the accused. On making demand for payment of the price of the goods sold and delivered to the accused, the accused gave cheque No. 040670 for Rs. 18,200.00 on 26.9.2000 drawn on the Surat Mercantile Co-operative Bank Limited, Kadodara Cross Road Branch. On presentation of the cheque in the bank, it returned unpaid with the endorsement "funds insufficient". Therefore, notice through advocate was sent to the accused demanding the amount of unpaid cheque. The notice was received by the accused but did not pay the amount of unpaid cheque. Therefore, complaint under Section 138 of the Act was filed in the Court of learned Judicial Magistrate First Class (First Court), Surat and it was registered as Criminal Case No. 367 of 2001.

(3.) I have heard learned advocate Mr. Hardik Dave for the appellant and learned advocate Mr. Shah for learned advocate Mr. Ravani for respondent No. 1 and learned advocate Mr. Samir Dave for respondent No. 2 at length and in great detail. I have also perused record and proceedings of the trial Court.