RAJENDRAKUMAR SHANTILAL PUNJABI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, original complainant, has preferred this appeal under Section 378 of the Code of Criminal Procedure and challenged the judgement and order of acquittal passed by learned 4th Additional Senior Civil Judge and Judicial Magistrate First Class, Anand, in Criminal Case No. 4765 of 2004 on 25.2.2008 acquitting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 ("the Act" for short).

(2.) ACCORDING to the complainant, he is doing business of saffron in the name of Shreeji brand from Anand and other places and has an office at Mumbai. The accused is doing business of chemicals from Mumbai and had developed friendship with him. As the accused demanded 20,000.00, he gave same to the accused on 15.3.2004. The accused gave cheque No. 184691 dated 15.5.2004 for Rs. 20,000.00 drawn on The Vaishya Co-operative Bank Limited, Mumbai on the same day i.e. on 15.3.2004. On the date of the cheque, the accused requested him not to present the cheque as he could not arrange for the amount and therefore he did not present the cheque in the bank on the date of cheque. Thereafter, the cheque was presented in the bank on 24.5.2004 as per the instructions given by the accused but the cheque returned unpaid with the endorsement "account closed". Therefore, notice through advocate was served to the accused demanding the amount of unpaid cheque. The notice was received by the accused but the accused did not pay the amount and gave false reply. Therefore, complaint under Section 138 of the Act was filed in the Court of learned Civil Judge (J.D.) at Anand and it was registered as criminal case No. 4765 of 2004.

(3.) I have heard learned advocate Ms. Kruti Shah for the appellant and learned advocate Mr. Masoom Shah for the respondent accused at length and in great detail. I have also perused record and proceedings of the trial Court.