MANISHKUMAR RAMESHCHANDRA SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT ­ original complainant has preferred this appeal under section 378 of the Code of Criminal Procedure, 1973 and challenged the judgment of acquittal passed by the learned JMFC, Nadiad on 17.1.1998 in Criminal Case No.4776 of 1996 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, he is a partner in a partnership firm "Shree Investment" doing the business of trading in shares. The accused was their client and was dealing in sale and purchase of shares. Rs.3,40,000.00 remained payable by the accused towards sale and purchase of shares on settlement of account and the accused admitted the same and executed a writing in that regard. The accused gave two cheques bearing Nos.782381 and 782383 each for Rs.1,70,000.00 dated 30.9.1996 drawn on Bank of Baroda towards the outstanding amount. On presentation of the cheques in the bank, both the cheques returned unpaid on account of insufficient funds. Therefore, Notice through advocate was served to the accused and demand of unpaid cheque amount was made. The accused gave reply to the notice and raised false disputes. The accused did not pay the unpaid cheque amount. Therefore, the complainant under section 138 of the Act was filed in the Court of learned JMFC, Nadiad and it was registered as Criminal Case No.4776 of 1996.

(3.) I have heard learned learned advocate Mr. Samir Afzalkhan for the appellant and learned advocate Mr. Parikh for the respondent accused at length and in great detail. I have also perused the R & P of the trial Court.