CHETANKUMAR AMRUTLAL SHAH Vs. HITESHKUMAR KIRTIBHAI SHAH

JUDGEMENT

(1.) The appellant original complainant has preferred this appeal under Section 378 of the Criminal Procedure Code, 1973 and challenged the judgment and order of acquittal dated 20.5.2005 passed by the learned Additional Senior Civil Judge and JMFC, Patan in Criminal Case No.754 of 2005 acquitting the respondent accused for the offence punishable under Section 138 of the Negotiable Instruments Act (for short "the Act").

(2.) According to the complainant, the accused demanded Rs.2 lacs as hand loan and assured that he would pay the same within 15 days. Therefore, after borrowing the amount from relatives, the said amount was given to the accused as hand loan. On making demand of the amount, the accused came to Patan on 12.11.2004 and gave cheque dated 24.1.2005 bearing No.669812 for Rs.2 lacs drawn on Vijaya Bank, Manekchok branch, Ahmedabad. The cheque returned unpaid with endorsement 'Account closed'. Therefore, notice through advocate was served on the accused. Despite service of notice, the accused did not pay the amount but gave evasive reply. Therefore, complaint under section 138 of the Act was filed in the Court of learned CJM at Patan and it was registered as Criminal Case No.754 of 2005.

(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, trial Court explained to the accused the incriminating circumstances appearing in the evidence against him. The accused explained the incriminating circumstances in his further statement recorded under Section 313 of the Criminal Procedure 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.