GORDHANBHAI VALJIBHAI PATEL Vs. BHUPATSINH SARDARSINH ZALA

JUDGEMENT

(1.) THE appellant ? original complainant has preferred this appeal under Section 378 of the Criminal Procedure Code, 1973 and challenged the judgment of acquittal dated 25.10.2010 passed by the learned Judicial Magistrate, First Class, Bayad in Criminal Case No.268/2006 acquitting the respondent No.1 for the offence punishable under Section 138 of the Negotiable Instruments Act (for short "the Act").

(2.) ACCORDING to the complainant, as the accused was in need of money, he obtained Rs.1,99,000/- from the complainant and gave possession of the properties on 29.08.2002. As the accused did no return the amount, a notice dated 05.10.2004 was served to him. Therefore, the accused gave cheque No.863801 dated 01.12.2005 for Rs.1,99,000/- drawn on the Sabarkantha District Central Cooperative Bank Limited, Demai Branch against the amount payable by the accused. On presenting the cheque in the Bank, it returned unpaid on account of "insufficient fund". Therefore, notice was served to the accused. Despite receipt of notice, the accused did not pay the amount of unpaid cheque. Therefore, the complaint under Section 138 of the Act was filed in the Court of learned Judicial Magistrate, First Class at Bayad and it was registered as Criminal Case No.268/2006.

(3.) I have heard learned advocate Mr.Niral R. Mehta for the appellant and learned advocate Mr.Manish J. Patel for the respondent - accused. I have also perused the impugned judgment and Record & Proceedings of the trial Court.