RAJNIKANT RATILAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant -original accused 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 7th Additional Senior Civil Judge and JMFC, Nadiad on 23.11.2007 in Criminal Case No.2121 of 2003.

(2.) According to the complainant, he is the proprietor of a firm Modi Amichand Muljibhai. Accused are partners of Keyur & Brothers running the business in partnership. The accused obtained hand loan of Rs.1 lac from him on 13.5.2002 by Account Payee Cheque drawn on Union Mercantile Cooperative Bank Limited, Nadiad. Accused No.3, as partner of Keyur & Brothers, gave cheque No.199204 dated 18.9.2002 for Rs.1 lac drawn on Janta Cooperative Bank Limited, Nadiad for repayment of the amount advanced to them. On presentation of the cheque in the Bank, it returned on account of "Insufficient Fund". Therefore, notice through advocate was served to the accused, which was received by accused Nos.1 and 2, but returned unserved to accused No.3 with the endorsement "not found". Despite that the accused did not pay the amount of unpaid cheque. Therefore, complaint under section 138 of the Act was filed in the Court of learned CJM at Nadiad and it was registered as Criminal Case No.2121 of 2003.

(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.