TUSHAR N. SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant - original complainant has filed this appeal and challenged the Judgment and Order of acquittal passed by the learned Additional Senior Civil Judge and Additional CJM, Surat on 5.10.2010 in Criminal Case No.14563 of 2008 acquitting the respondent accused for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short "the Act").

(2.) According to the complainant, the accused is having a retail Sari Showroom in the name of Laxmi Silk Palace and is the Proprietor of the said showroom. The accused and his son Nirajbhai Radheshyam Mishra used to purchase the goods according to their requirement. As the accused was in need of saris, after negotiation of price, purchased the goods. The bills for the purchase of goods were given to the accused and Rs.73,182/- remained payable by the accused towards the goods purchased by him. The accused gave cheque No.099308 dated 11.9.2007 for Rs.10,000/- drawn on the Gandevi Cooperative Bank Limited, Goharbag, Bilimora towards part payment. The cheque on presentation to the bank returned unpaid with the endorsement of "exceed arrangement" on 16.10.2007. Therefore, notice dated 16.11.2007 as required under the provisions of the Act was served to the accused, but the accused neither replied to the notice nor paid the amount of unpaid cheque. 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. On completion of recording of evidence, further statement of accused was recorded under section 313 of the Code of Criminal Procedure, 1973. 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.