RABARI TEJABHAI BABABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant - original complainant 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 CJM, Patan, on 22.8.2008 in Criminal Case No.3390 of 2002.

(2.) According to the complainant, the accused was his friend before about one year of the complaint. The accused came to him and pursuaded him to take insurance cover for his family. Therefore, relying upon the assurance given by the accused, he gave Rs.2 lacs to the accused for insurance, but the accused failed to get his family covered by policy of insurance. Therefore, he demanded return of the amount paid to the accused. The accused gave cheque No.222332 dated 30.10.2002 for Rs.2 lacs drawn on Central Bank of India, Tilak Road, Ahmedabad branch. On presentation of the cheque in the bank, it returned unpaid on account of insufficient fund. Therefore, he gave notice to the accused making demand of unpaid cheque amount. The accused received the notice, but did not pay the amount claimed in the notice. Therefore, complaint under section 138 of the Act was filed.

(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.