SHRILAL MEGHRAJMAL MULCHANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Despite sufficient opportunity was given to the respondent No. 2, he has chosen not to appear before the Court. Since the matter is of 2012, the Court proceeded with matter.

(2.) 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. 25/11/2011, passed in Criminal Case No. 4110 of 2007 by the learned Additional Chief Judicial Magistrate, Junagadh, recording the acquittal.

(3.) Facts, in brief, are that complainant - Shrilal Meghrajmal Mulchandani had lodged a complaint before the Court that he was staying at Junagadh and was doing the construction work. That the respondent No. 2 also resided in Junagadh, who, due to requirement arose, had taken hand loan of Rs.3.00 lakh from the complainant, for which, the respondent No. 2 issued a cheque bearing No. 0205544 dtd. 11/8/2007, drawn on Vijaya Bank, Junagadh and had assured the complainant that he would get back his money by depositing the cheque in the bank, however, when the complainant deposited the cheque in the Merchantile Co.op. Bank Ltd., Junagadh branch, the same was returned by the bank with an endorsement "Fund Insufficient" on 13/8/2007. Accordingly, the complainant issued a legal notice dtd. 10/9/2007 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 on 21/9/2007. Though served, the respondent No. 2 neither replied the said notice nor repaid the amount in question and hence, the complainant constrained to file the complaint under Sec. 138 of the NI Act before the competent Court at Junagadh.