KHENGARBHAI ARJANBHAI DESAI Vs. PATEL BABUBHAI MOHANBHAI

JUDGEMENT

(1.) THE appellant, original complainant, has preferred this appeal under Sec tion 378 of the Code of Criminal Procedure, 1973 and challenged the judgement and order of acquittal passed by learned Additional Civil Judge and Judicial Magistrate First Class, Gandhinagar, on 6.6.2008 in Criminal Case No. 5463 of 2005 acquitting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act ("the Act" for short).

(2.) ACCORDING to the complainant, the accused was former Secretary of Shreeji Prakashnagar Co-operative Housing Society Limited and had collected loan amount from the members of the S T P L - Dishonour of C heque Judgements 13.1 [This product is licenced to keyur, ahmedabad, ahmedabad] Khengarbhai Arjanbhai Desai Vs. Patel Babubhai Mohanbhai, Former Secretary Of Shreeji Prakash 1380 Society and deposited in Ahmedabad District Co-operative Bank, Ahmedabad. Cheque No. 6768 dated 8.2.2005 for Rs. 61,000/- was issued by Ahmedabad District Co-operative Bank towards commission to the accused which was presented in the Bank and was got encashed. Therefore, he informed the accused that the amount of commission given by the bank belonged to the Society and demanded the amount. Therefore, the ac cused informed that out of Rs. 61,000/-, half of the amount was given to one Mr. V.K. Chaudhari and gave cheque No. 877419 dated 5.7.2005 for Rs. 30,500/-drawn in the name of Shreeji Prakashnagar Cooperative Housing Society Limited, Chandkheda. On presenting the cheque in the Bank it returned unpaid with endorsement "stop payment". Therefore, notice dated 18.8.2005 was served to the accused. Despite that, the accused did not pay the unpaid cheque amount. Therefore, complaint was filed.

(3.) AFTER hearing learned advocates for the parties, the trial Court by the impugned judgement acquitted the accused. Therefore, the complainant has pre ferred the present appeal.