JAYSHREEBEN JITENDRABHAI MODI Vs. PARESH VASANTLAL MODI

JUDGEMENT

(1.) APPELLANT - original complainant has preferred this appeal under section 378 of the Code of Criminal Procedure and challenged the judgment and order of acquittal passed by the learned Additional Senior Civil Judge & JMFC, Bharuch on 2.9.2006 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 complainant and the accused belonged to same caste and the complainant used to advance money to the accused for his business purposes. On settlement of account on 15.3.2002, Rs.2,35,000/- remained due and payable by the accused and documents of settlement were de stroyed. The accused gave cheque No.100066 dated 15.4.2002 for Rs.2,35,000/ - drawn on the Bharuch Nagarik Sahakari Bank Limited towards outstanding amount. On presenting the cheque in the bank, it returned unpaid with endorsement insufficient funds and that there was no rubber stamp. Therefore, the complainant served notice dated 27.4.2002 through advocate to the accused. The notice was sent by RPAD and under certificate of posting. The notice was received by the accused, but the acknowledgment due did not return and the envelope sent by certificate of posting did not return. Therefore, the accused is know of the notice, despite that the accused did not comply with the notice. Therefore, the complaint under sectionl38 of the Act was filed in the Court of learned CJM, Bharuch and it was registered as Criminal Case No.4235 of 2002.

(3.) I have heard learned advocate Mr. Kapadia for the appellant, learned advocate Mr. Lakhani for respondent No.2 at length and in great detail. I have also heard learned APP Ms. Shah for the respondent No.l - State. I have also perused the R & P of the trial Court.