PARESHKUMAR CHATURBHAI PATEL Vs. DINESHSINH KHUMANSINH RATHOD

JUDGEMENT

(1.) APPELLANT original complainant has preferred thisappeal under section 378 of the Code of Criminal Procedure, 1973 (for short 'the Code') and challenged the judgment and order of acquittal passed by the learned 2nd Additional Senior Civil Judge and JMFC, Gandhinagar on 25.3.2011 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 accused was his friend and on account of marriage, he was in need of finance, therefore, he made a request to advance Rs.2,50,000/- and assured that he would return the amount within one year. Therefore, he advanced Rs.2,50,000/- to the accused, who gave cheque dated 9.9.95 for Rs.50,000/- drawn on Shri Vitthal Cooperative Bank Limited, Dehgam, but the said cheque returned unpaid on account insufficient funds. Therefore, notice was served to the accused demanding amount of unpaid cheque, but the accused did not pay the unpaid cheque amount. Therefore, the complaint under section 138 of the Act was filed in the Court of learned JMFC at Gandhinagar and it was registered as Criminal Case No.5361 of 1995. 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.

(3.) IN order to prove the prosecution case, the complainant examined himself at Exh-17 and also examined bank officer of Shri Vitthal Cooperative Bank Limited PW 3 Chhanabhai Kalidas at Exh-33. The prosecution also produced cheque given by the accused at Exh-18, memo of Shri Vitthal Cooperative Bank Limited at Exh-19, memo of Bank of Baroda at Exh-20, copy of the notice given to the accused at Exh-21 and acknowledgment due at Exh-22 and 23.