BARIYA SURESHBHAI MANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals have been filed under sec. 378 of the Cr.P.C., which are preferred against the order dtd. 20/4/2022 in Criminal Case Nos.92 of 2021 and 91 of 2021 respectively, which came to be dismissed for default under sec. 256 of Cr.P.C.

(2.) Mr. Muhammadyusuf M.Kharadi, learned advocate for the appellants referring to the rojnama of the proceedings submitted that, prior to registering the complaint criminal inquiry was undertaken by registering the matter as Criminal Inquiry Case Nos.03/2021 and 02/2021 respectively. The learned trial Court Judge was pleased to entertain the complaints, and by referring to the judgment of Hon'ble Apex Court in Indian Bank Association Vs. Union of India, reported in (2014) 5 SCC 519, took cognizance of the matter under sec. 138 of the N.I. Act and ordered to issue summons against the accused making it returnable on 15/9/2021, and thereafter the case was registered as Criminal Case Nos.92 of 2021 and 91 of 2021 respectively on the very same day.

(3.) The facts suggest that the complainants were serving as teachers at Dhanpur, had lent money to the accused, being good friend from the same profession. As per the complainant in the year 2014-15, the accused was in need of money and therefore complainant took loan from 'Bariya Nagrik Sahakari Bank Ltd.', Devgadh Bariya with the understanding that the loan amount has to be repaid by the accused in stipulated installments. It is contended that the accused failed to repay the loan amount and therefore the complainant was constrained to demand the amount given to the accused. In response thereof, the accused executed an undertaking dtd. 23/12/2020 and issued cheque with the understanding that the accused will pay the interest accrued on the loan taken by the complainant; however, the accused failed to do so and upon demand being made by the complainant for the cheque amount, the accused assured the complainant that his cheque would be honoured, but on presentation, the cheque was not cleared on the ground of 'fund insufficient' and therefore after issuance of statutory notice, complaint came to be filed.