VAGHJIBHAI MANJIBHAI VAGDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. M.A. Kharadi, learned advocate on record for the applicant-original complainant and Mr. Pankaj Chaudhary, learned advocate on record for the respondent No.2 and Ms. C.M. Shah, learned APP appearing for the respondent-State.

(2.) This application is filed by the applicant-original complainant seeking leave to appeal against the impugned judgment and order dtd. 6/7/2022 passed by learned 3rd Additional Judicial Magistrate First Class, Palanpur in Criminal Case No.3459 of 2021. By the said judgment and order, the learned Magistrate has proceeded to record the acquittal of respondent No.2 for the offence punishable under Sec. 138 of the N.I. Act.

(3.) Mr. M.A. Kharadi, learned advocate on record for the applicant- original complainant, has invited attention of this Court to the reasons assigned by the learned Magistrate while recording the impugned order of acquittal. The attention of this Court was invited to the cross- examination of the complainant, which has been taken into consideration by the learned Magistrate. It is submitted that the learned Magistrate has failed to appreciate the fact that the accused had not denied his signature on the disputed cheque. The defence, which has emerged on record, was that the cheque was handed over to the brother of the complainant, against different transaction by way of security cheque, which has been misused by the complainant and the false complaint has been filed by the complainant. While taking into consideration the aforesaid defence of the respondent- accused, the learned Magistrate, upon evaluation of the evidence of the complainant, has noticed irrelevant discrepancies, which does not affect the case of the complainant as pleaded in the complaint. The discrepancies in the amount of Rs.2.00 Lakhs as admitted by the complainant in his cross-examination, according to the learned advocate for the applicant, has been further explained by the complainant