PATEL RAGINIBEN PRAKASHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal is filed by the appellant under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 23/8/2017 passed by the learned Additional Chief Judicial Magistrate, Kalol in Criminal Case No.918 of 2014, acquitting the private respondent No. 2 - original accused from the offence punishable under Sec. 138 of Negotiable Instrument Act.

(2.) The brief facts of the prosecution case is that the respondent no 2 came upfront before the complainant at her residential place for explaining the benefits of various post recurring schemes and convinced her. Then after the complainant was convinced to do the savings in few of the schemes and this is how the original accused and the complainant had a good bond of family relationship till November 2010.

(3.) Mr.Harik Barot, learned advocate for the appellant has submitted that The respondent no 2 original accused came upfront in 2005 before Raginiben and cxplained the benefits of various post recurring schemcs and investments in sharcs and both the appellants were convinced. Then after, both the appellants had started savings in post recurring and shares in 2005-2006 through the son of the accused named (Mihir) and this is how the original accused and both the appcilants had a good bond of family relationship till November 2010.