BHARATKUMAR KESHAVLAL SHAH 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 4th Additional Senior Civil Judge and JMFC, Surendranagar on 15.4.2008 in Criminal Case No.1007 of 2000.

(2.) According to the complainant, accused No.1 is a partnership firm and accused Nos.2/1 to 2/4 are the partners of accused No.1 partnership firm and doing the business of tea in the name of Tea Processors Private Limited. The accused purchased tea on credit and an account was kept in his Books of Account. The accused purchased tea worth Rs.32 lacs on different dates on credit and bills in respect of the same were given to the accused. On making demand of the outstanding amount, accused No.2/1 gave cheque drawn for accused No.1 firm for Rs.20 lacs on 29.8.2000 being cheque No.2157839 drawn on Bank of India, Rajkot. On presentation of the cheque in the bank, it returned unpaid on account of "Insufficient Fund". Therefore, notice through advocate was served to the accused on 12.9.2000, which was received by them and in reply to the notice, accused Nos.2/2 to 2/4 gave evasive and false reply on 25.9.2000, but did not pay the amount of unpaid cheque. Therefore, complaint under section 138 of the Act was filed in the Court of learned CJM at Surendranagar and it was registered as Criminal Case No.1007 of 2000.

(3.) The trial Court issued summons. Pursuant to the summons, the accused appeared and denied having committed the offence. Therefore, the prosecution adduced evidence. At the end of recording of evidence, further statement of the accused was recorded under section 313 of the Code. After hearing the learned advocates for the parties, the trial Court by impugned judgment acquitted the accused. Being aggrieved by the said decision, the complainant has preferred this appeal.