REGENT COMPUTRONICS PVT. LTD.

Shri Amrutbhai Dalsukhram Nayak Appellant

V/S

STATE OF GUJARAT Respondents

Referred Judgements :-

JUDGEMENT

(1.) This appeal is filed by the appellant - original complainant under the provisions of Sec. 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 14/2/2012, passed in Criminal Case No. 311 of 2009 by the learned Judicial Magistrate First Class, Visnagar, recording the acquittal.

(2.) Facts, in brief, are that complainant - Nayak Amrutbhai Dalsukhram lodged a complaint before the Court that the complainant and the respondent No. 2 both were serving in the Visnagar S. T. Depot and working together. That, on account of urgent requirement arose to the respondent No. 2 for Rs.1.00 lakh for some social purpose, he demanded such an amount from the complainant and accordingly, the complainant lent him Rs.1.00 lakh for a period of two months. Thereafter, since the respondent No. 2 did not repay the said amount, the complainant made repeated attempts and at last, the respondent No. 2 issued a cheque bearing No. 1232605 dtd. 25/9/2008, drawn on the State Bank of Saurashtra, Visnagar Branch for Rs.1.00 lakh and had assured to the complainant that he would get back his money by depositing the cheque in the bank, however, when on 25/2/2009 the complainant deposited the cheque in the Bank of India, Visnagar branch, the same was returned by the bank with an endorsement "Fund Insufficient". Accordingly, the complainant issued a legal notice dtd. 13/3/2009 under the provisions of the Negotiable Instruments Act, 1881 (herein after referred to as "the NI Act"), which was served upon the respondent No. 2. The respondent No. 2 replied the said notice on 26/3/2009 giving vague reply and did not pay the cheque amount and hence, the complainant constrained to file the complaint under Sec. 138 of the NI Act before the learned Judicial Magistrate First Class, Visnagar.

(3.) Heard, learned advocate Mr. P. P. Majmudar for the appellant - original complainant, learned advocate Mr. Kevan Patel for the respondent No. 2 and learned APP Ms. Jirga Jhaveri, APP for the respondent No. 1 - State.

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SHRI AMRUTBHAI DALSUKHRAM NAYAK Vs. STATE OF GUJARAT

Referred Judgements :-

JUDGEMENT

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