PATEL AMRUTBHAI NARAYANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this appeal, appellant original complainant has challenged the impugned judgement and order passed by learned Additional Sessions Judge, Mehsana, on 25.7.2002 in Criminal Appeal No. 1 of 2001, acquitting the respondent accused for the offence under Section 138 of the Negotiable Instruments Act ( the Act for short).

(2.) According to the complainant, the respondent accused came to him as he was in need of finance and demanded Rs. 50,000/- for one month as hand loan. On account of relations, he gave Rs. 50,000/- in cash to the accused who gave cheque No. 375223 dated 20.7.1998 drawn on The Sarvoday Nagarik Sahakari Bank Limited, Patel Market, Visnagar. He presented the cheque in the bank on 18.8.1998 but said cheque returned unpaid with endorsement fund insufficient . Therefore, he demanded unpaid cheque amount by giving notice dated 27.8.1998 through his advocate. Despite receipt of the notice, the accused did not comply with the same. Therefore, complaint under Section 138 of the Act was filed.

(3.) The trial Court issued summons to the accused who appeared in the Court and denied having committed the offence. Therefore, the prosecution adduced evidence. On completion of recording of evidence, further statement of the accused was recorded under Section 313 of the Code of Criminal Procedure. The accused in his further statement stated that Rs. 5000/- were taken as hand loan from the complainant on 1.10.1993 and cheque was given against that amount. The said amount was returned in presence of Ambalal but the cheque was not returned to him and it has been misused by making alteration in the cheque. After hearing learned advocate for the parties, the trial Court convicted the accused. Therefore, Criminal Appeal No. 1 of 2001 was preferred by the accused in the Court of learned Additional Sessions Judge, at Mehsana.