PATEL PRAKASHBHAI AMBALAL 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.916 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 iin 2005 before the wife of the complainant in his presence at his residential place for explaining the benefits of various post recurring schemes and convinced the wife of the complainant. Then after the wife of the complainant (Raginiben Prakashbhai Patel) convinced the complainant to do the savings in few of the schemes and they have started saving in post recurring in 2005-2006 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 explained the benefits of various post recurring schemes and investments in shares 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 appellants had a good bond of family relationship till November 2010.