RAO MAHESHKUMAR GOVINDBHAI 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. 13/8/2015 passed by the learned 7 th Judicial Magistrate, First Class, Kalol in Criminal Case No.2272 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 before the appellant to sell his house and the deal was made for 4,00,000/- The appellant lend the below amount by cheques. 1 st cheque was issued on 9/3/2013 for Rs.80,000.00 2 nd cheque was issued on 19/3/2013 for Rs.80,000.00 and 3 rd cheque was issued on 26/7/2013 for Rs.28,000.00 and the rest of the amount of Rs.2,25,000.00 was given in cash to hand by the appellant to the respondent No.2. In return the appellant asked to do the registered banakhat of the house of the respondent no 2, for which he denied and changed his mind for not selling his home and gave a cheque of Rs.4,00,000.00 to clear the debt.

(3.) Mr.Harik Barot, learned advocate for the appellant - original complainant has submitted that the impugned judgement and order passed by the trial court is illegal, erroneous, contrary to law and against the evidence.