BHERULAL DEVILAL KHAROL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Revision Application is preferred under Sec. 397 read with Sec. 401 as well as Sec. 482 of the Code of Criminal Procedure 1973 challenging the judgment and order dtd. 3/8/2022 in Criminal Appeal No.128 of 2019 passed by learned 6th Additional Sessions Judge, Surat confirming the judgment and order dtd. 25/5/2017 in Criminal Case No.24579 of 2012 passed by learned 5th Additional Chief Judicial Magistrate, Surat convicting the applicant accused for the offence under sec. 138 of the Negotiable Instruments Act 1881.

(2.) The broad facts of the case are that original complainant - respondent No.2 herein had filed Criminal Case No.24579 of 2012 against the applicant herein alleging that respondent No.2 along with a partner namely Rameshbhai Lotanbhai Chaudhari had intended to purchase a property bearing shop No.3, plot No.56, Ambikanagar Cooperative Housing Society situated on Survey No.8 at Pandesara, Surat from the applicant for which a notarised agreement to sell bearing entry No.6463 dtd. 15/12/2010 came to be executed between the parties. It is alleged that an amount of Rs.7,00,000.00 had already been paid by respondent No.2 in furtherance of the said agreement to sell and was also ready to pay the remaining amount. Eventually, respondent No.2 and the partner had requested the applicant to return the money already paid along with the profit to which the applicant was agreed and hence, the applicant issued the cheque No.773395 dated 7. 5.2012 of ICICI Bank for Rs.5,00,000.00. The said cheque came to be deposited by respondent No.2 which came to be bounced on 29/5/2012.

(3.) The respondent No.2, therefore, issued legal notice to the applicant on 6/6/2012 under sec. 138 of the Negotiable Instruments Act 1881 which was not replied by the applicant and therefore, respondent No.2 ultimately filed Criminal Case No.24579 of 2012 in the court of learned 5th Additional Chief Judicial Magistrate, Surat.