DHARMESHKUMAR NATVARLAL BHRAMBHATT Vs. BHANUBHAI M VAGHELA

JUDGEMENT

(1.) Appellant - original complainant has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 and challenged the Judgment and Order of acquittal passed by the learned 3rd Addl. Chief Judicial Magistrate, Nadiad, on 21.8.2010 in Criminal Case No. 7633 of 2008.

(2.) According to the complainant, before about two years of the complainant, the accused demanded Rs. 45,000/- as he was in need of money on account of marriage of his daughter and assured that he would return the amount after one year. Therefore, he gave Rs. 45,000/- as hand loan to the accused. On making demand of the outstanding amount, the accused gave cheque No. 425139 dated 15.10.2008 for Rs. 45,000/- drawn on Stand Bank of India, Nadiad branch. On presentation of the cheque in the bank, it returned unpaid on account of insufficient fund. Therefore, notices were served to the accused, but the accused did not pay 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. At the end of recording of evidence, further statement of the accused was recorded under Section 313 of the 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.