MANJULABEN H. PANDYA Vs. GURUMUKHDAS BHAGWANDAS VASWANI

JUDGEMENT

(1.) The present appeal has been preferred under sec. 378(4) of the Code of Criminal Procedure, 1973 (for short 'Cr.PC') by the appellant challenging the judgment and order passed by the learned 3rd Judicial Magistrate, Junagadh in Criminal Case No.1948 of 1999 passed on 13/10/2003 acquitting the accused for the offence under sec. 138 of the Negotiable Instruments Act (for short 'N.I. Act).

(2.) The complainant's case before the learned trial Court Judge was that the present private respondent had issued two cheques of Rs.50,000.00 dtd. 3/4/1999 and 5/4/1999 bearing no.43340 and 45798 drawn on the account maintained by the private respondent in Veraval Mercantile Cooperative Bank Ltd., Junagadh Branch. The complainant deposited the cheque in her account maintained with the Junagadh District Cooperative Bank, and it is stated that on being sent for realization, the same were dishonoured because of insufficient fund. The complainant, therefore, issued a statutory notice, but it is stated that on receipt of the notice, the accused failed to pay, and neglected, to give any reply and therefore Criminal Case No.1948 of 1999 was filed.

(3.) Mr. R.A. Mishra learned advocate for the appellant submitted that being aggrieved by the judgment and order in Criminal Case No.1948 acquitting the accused by giving benefit of doubt, the appellant preferred Criminal Revision Application No.628 of 2003, which came to be dismissed vide order dtd. 8/7/2005 on the ground of availing remedy under Cr.PC of filing of appeal and thus, leave to appeal was filed which came to be granted and therefore, the present appeal.