(1.) This appeal is filed by the appellant - original complainant under the provisions of Sec. 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 30/7/2011, passed in Criminal Case No. 2513 of 2008 by the learned 7th Additional Chief Judicial Magistrate, Junagadh, recording the acquittal.
(2.) Facts, in brief, are that appellant - original complainant - Kalubhai Ranimgbhai Vank lodged a complaint before the competent Court that the complainant, out of friendship, lent Rs.1.00 lakh to the respondent No. 2 in his hour of need, so as to help him, against which, the respondent No. 2 issued a cheque bearing No. 862883 dtd. 9/6/2008, drawn on the State Bank of Saurashtra, Bhesan Branch for Rs.1.00 lakh and had assured to the complainant that he would get back his money by depositing the cheque in the bank, however, when on 9/6/2008 the complainant deposited the cheque in the Bank of Baroda, Makhiyala Branch, the same was returned by the bank with an endorsement "Fund Insufficient". Accordingly, when despite several requests, the respondent No. 2 did not repay the said amount, the complainant issued a legal notice dtd. 8/7/2008 under the provisions of the Negotiable Instruments Act , 1881 (herein after referred to as "the NI Act "), which was served upon the respondent No. 2 on 9/7/2008. The respondent No. 2 neither replied the said notice not paid the cheque amount and hence, the complainant constrained to file the complaint under Sec. 138 of the NI Act before the competent Court at Junagadh.
(3.) Heard, learned advocate Mr. Hriday Buch for the appellant - original complainant, learned advocate Mr. Zalak Pipalia for the respondent No. 2 and learned APP Ms. Jirga Jhaveri, APP for the respondent No. 1 - State.
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