NARENDRABHAI RANCHHODBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, original complainant, has filed this appeal under Section 378 of the Code of Criminal Procedure, 1973 and challenged the judgement and order of acquittal passed by learned Metropolitan Magistrate (Negotiable Instruments Act), Court No. 4, Ahmedabad, on 10.11.2010, in Criminal Case No. 1065 of 2009 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, the accused is doing business in the name of Shreekrishna Dairy and was his friend. The accused, his nephew Bharatbhai and brother-in-law Dineshbhai used to obtain loan from him for their milk business. The accused obtained Rs. 22 lakh between 28.7.2006 and 11.12.2007 and executed an agreement. Thereafter, as the accused and his relatives were in need of more finance, they obtained Rs. 59,59,000/- between 20.12.2007 and 30.12.2007. Thereby, the accused obtained in all Rs. 81,59,000/- between 28.7.2006 and 30.12.2007. The accused executed agreement and promissory note with regard to the amount obtained by him and his relatives. Therefore, Rs. 81,59,000/- remained outstanding from the accused who gave cheque No. 120979 dated 22.10.2008 for Rs. 30,77,000/- drawn on Ahmedabad District Co-operative Bank Limited, Bopal Branch, towards discharge of liability in part. On presenting the cheque in the Bank, it returned unpaid with the enforsement ?today's opening balance insufficient?. Therefore, notice was served to the accused demanding the amount of unpaid cheque. The notice was received by the accused but he gave evasive reply and did not pay the amount of unpaid cheque. Therefore, complaint under Section 138 of the Act was filed.

(3.) I have heard learned advocates for the parties and learned A.P.P. Ms. C.M. Shah for the respondent State at length and in great detail. I have also perused the record and proceedings of the trial Court.