LAVJIBHAI KANJIBHAI TANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present revision application, filed under Section 397 read with 401 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the judgment and order dated 09 th December, 2009 passed by the learned Sessions Judge, Amreli in Criminal Appeal No.12 of 2007 whereby the learned Sessions Judge has quashed and set aside the judgment and order dated 18th May, 2007 passed by the learned 3rd Additional Senior Civil Judge and Judicial Magistrate First Class, Amreli in Criminal Case No.58 of 2005.

(2.) SHORT facts of the case is that the applicant herein had given almost Rs.5,00,000.00 to the respondent No.2 herein in the year 1997 and has not returned the said money to the applicant in time. Thereafter, the respondent No.2 had given five cheques of Rs.1,00,000.00 each drawn on Bank of India and also given writing on stamp paper of Rs.10.00. As per the case of the complainant-present applicant, out of those five cheques, one cheque bearing No.700541 dated 01st October, 2002 when deposited by the applicant in his Bank, the said cheque dishonoured because of insufficient balance in the account of the respondent No.2. Therefore, the applicant had filed criminal case in the Court of learned Judicial Magistrate. In the said criminal case, written settlement was arrived at between the parties in the Court, in which the respondent No.2 was agreed to pay Rs.1,00,000.00 to the applicant-original complainant. The applicant had also waived Rs.50,000.00 out of Rs.1,00,000.00; for which the respondent No.2 had issued cheque bearing No.885029 dated 05th December, 2004 drawn on State Bank of Saurashtra. The said cheque when deposited by the applicant on 06th December, 2004, the said came to be dishonoured on 08 th December, 2004 with endorsement "insufficient balance". Therefore, the applicant issued notice on 22 nd December, 2004 to the respondent No.2, to which the respondent No.2 had not replied and even not paid the outstanding dues of Rs.50,000.00. Therefore, on 17th January, 2005 the applicant filed private complaint in the Court of learned Judicial Magistrate Court under Section 138 of the Negotiable Instruments Act.

(3.) AGAINST the said Judgment of the trial Court, the respondent No.2 had preferred Criminal Appeal No.12 of 2007 before the Sessions Court, Amreli. After hearing learned Advocates for the respective parties, the learned Sessions Judge, Amreli, vide impugned judgment and order dated 09th December, 2009 has allowed the said Appeal and quashed and set aside the judgment and order dated 18th May, 2007 passed by the learned 3rd Additional Senior Civil Judge and Judicial Magistrate First Class, Amreli, in Criminal Case No.58 of 2005 and acquitted the respondent No.2.